Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Darweger v. Staats (267 N.Y. 290). Question certified answered in the negative. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS and LOUGHRAN, JJ. Dissenting: LEHMAN, CROUCH and FINCH, JJ.