
    Samuel W. Castner and Others, Respondents, v. John Duryea, Appellant.
    Van Brunt, P. J , and O’Brien, J., concurred.
   Judgment reversed, new trial ordered, costs to appellant to abide event.

Per Curiam :

For the reasons stated in the opinion in Herbert v. Duryea, herewith handed down, the judgment should be reversed and a new trial ordered, with costs to-appellant to abide the event.

Present— Van Brunt, P. J., O’Brien and Follett, JJ.

Follett, J.,

dissenting (See dissenting opinion of Follett, J. in Herbert v. Duryea (ante, p. 288).  