Bowns v. Stewart , 69 N.Y.S. 1129 ( 1901 )

Per Curiam.

The record discloses no material variance from that presented to this court on the prior appeal; the attack is directed against the soundness of the opinion then rendered (28 Misc. Rep. 475), which, however, we accept as controlling.

Judgment affirmed, with costs to the respondent.

Present: Bischoee, P. J., Leventritt and Clarke, JJ.

Judgment affirmed, with cosfs.