Order of Appellate Division reversed and proceeding dismissed, with costs in all courts. First question certified answered in the negative. Second question certified not answered, on opinion in Matter of Maltbie v. Lobsitz Mills Co. (223 N.Y. 227).
Concur: HISCOCK, Ch. J., CHASE, COLLIN, CUDDEBACK, CARDOZO, POUND and ANDREWS, JJ.