
    Henry E. Bowns, Appellant, v. Samuel Stewart, Respondent.
    Appeal from a judgment of the General Term of the City Court of the city of New York, affirming a judgment of the Trial Term, dismissing the complaint.
    James L. Bishop, for appellant.
    John H. Rogan, for respondent.
   Per Curiam.

The record discloses no material variance from that presented to this court on the prior appeal; the attack is directed against the soundness of the opinion then rendered (28 Misc. Rep. 475), which, however, we accept as controlling.

Judgment affirmed, with costs to the respondent.

Present: Bischoee, P. J., Leventritt and Clarke, JJ.

Judgment affirmed, with cosfs.  