
    Samuel W. Gastner et al., Resp’ts, v. John Duryea, App'lt.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed May 17, 1895.)
    
    Appeal from a judgment, entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial.
    
      Reuben L. Maynard, for app’lt; W. P. Knapp, for resp’ts.
   Per Curiam.

For the reasons stated in the opinion in Herbert v. Duryea (herewith handed down) 67 St. Rep.-, the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

Follett, J.

dissenting, on same grounds as in Herbert v. Duryea, supra.  