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Full opinion text

Order unanimously reversed, with twenty dollars costs and disbursements, and the matter remitted to Hon. James A. O’Gorman, official referee, for determination in accordance with the rule laid down by the Court of Appeals in Heiman v. Bishop (272 N. Y. 83), decided November 24, 1936. Present — Martin, P. J., O’Malley, Townley, Glennon and Cohn, JJ.