Orders of Appellate Division and Special Term modified so as to sustain demurrer to second cause of action, and as modified affirmed, without costs in this court to either party. First and third questions certified answered in the negative; second question in the affirmative; no opinion.
Concur: CULLEN, Ch. J., GRAY, WERNER, HISCOCK, COLLIN, CUDDEBACK and MILLER, JJ.