Order affirmed, with costs, and question certified answered in the negative. Johnston v. Trask ( 116 N.Y. 136) has not been overruled or modified by DeWaal v. Jamison ( 226 N.Y. 644). (See, also, Hyman-Michaels Co. v. Senior Palmer, Inc., 265 N.Y. 266.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.