FALK v. STARR

Per Curiam.

We think this case was correctly disposed of by the court below on the authority of Bernheimer v. Herrman, 44 Hun, 110, decided in this department, and which, for that reason, we should follow, rather than Sage v. Burton, 84 Hun, 267, elsewhere decided by a divided court.

Present: BEEKMAN, P.J., GIEGERICH and O'GORMAN, JJ.

Judgment affirmed, with costs.