HILL v. BERRY ET AL

ANDREWS, J.

The decision at this term in Volans v. Owens ( 74 N.Y., 526) is decisive of the point upon which the complaint was dismissed, and the case was correctly disposed of by the General Term.

The order granting a new trial must therefore be affirmed, and judgment absolute given for the plaintiff upon the stipulation.

All concur.

Order affirmed and judgment accordingly.