Majority
p. 900Westervelt Prentice, Appellant, v. Maurice Sommer, Respondent.
Judgment of the Municipal Court reversed on the ground that the "testimony for the plaintiff at the close of the case did not permit a dismissal of his complaint. A new trial-is ordered, costs to abide the event. Woodward, Jenks, Hooker, Gaynor and "Rich, JJ., concurred.