Freedman, P. J.
Upon the opinion in McCobb v. Christiansen (28 Misc. Rep. 119), decided at this term of the court, the judgment herein must he affirmed. MacLean and Leventritt, JJ., concur.
Judgment affirmed, with costs to respondent.
Simon Christiansen, Respondent, v. Louis B. Mendham et al., Appellants
28 Misc. 765
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