Per Curiam.
We cannot distinguish the case on this appeal from that on the former appeal. They are, substantially, the same, and, therefore, the judgment and order must be affirmed on the opinion of this court on the former appeal (Cassidy v. Atlantic Ave. R. R. Co., 9 Misc. Rep. 275 ; 61 N. Y. St. Repr. 149), with costs. Present: Van Wycic and Osborne, JJ.
Judgment and order affirmed, with costs.