PER CURIAM.
According to the doctrine of New York Security & Trust Co. v. Lipman, 83 Hun, 569, 32 N. Y. Supp. 65, and the cases therein cited, the present action, so far as the record shows, was prematurely brought. Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event.
SCOTT, J., concurs.
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