Order of the Appellate Division and that of the Special Term reversed and motion to dismiss complaint granted, with costs in all courts; question certified answered in the affirmative on the authority of Thompson v. Orange Rockland Electric Company (254 N.Y. 366); no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.