Majority
p. 878Sarah Shifman, as Administratrix, etc., of Rose Shifman, Deceased, Respondent, v. Robert T. Whalen, Appellant.
Judgment and order unanimously affirmed, with costs, for the reasons stated in the opinion by Mr. Justice Young in Thomson v. Gasteiger [ 199 App. Div. 744 ], decided herewith. Present — Blackmar, P. J., Rich, Kelly, Jaycox and Manning, JJ.