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Full opinion text

Judgment affirmed, with costs. No opinion. Young, Hagarty, Tompkins and Davis, JJ. concur; Lazansky, P. J., dissents upon the ground that it was error to exclude the testimony offered at folio 489. Reliance upon the advices of the mason subcontractor is an element which a jury might properly consider in determining if defendant, appellant, was negligent in respect of one of the claims of negligence.