Majority
p. 706Frontenac Hotel Company, Inc., Appellant, v. Max Schwarz and Others, Respondents, Impleaded with Rose Peck, as Executrix, etc., of Max Peck, Deceased, Defendant.
Judgments reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. In our opinion, the question of defendants’ participation in the alleged conversion should have been submitted to the jury. Lazansky, P. J., Kapper, Scudder and Tompkins, JJ., concur; Young, J., dissents and votes for affirmance.