Majority
p. 956Louis Breckheimer, Respondent, v. John T. Loew, Appellant.
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order reversed, with ten dollars costs and disbursements, and defendant’s motion for judgment on the pleadings granted, with ten dollars costs, upon authority of Paul v. Fargo ( 84 App. Div. 9 ). Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.