Determination of the Appellate Term unanimously modified and a new trial ordered as to the first cause of action set forth in the complaint and, as so modified, affirmed, with $20 costs and disbursements to the appellant. The second cause of action should not have been dismissed by the Appellate Term upon the merits but the dismissal was proper because the cause was barred by the Statute of Limitations. An issue of fact was presented upon the trial as to the liability of...
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