For the reasons stated at length in action No. 1 of this title (153 App. Div. 147), I am of opinion that the judgment appealed from should he reversed and the complaint dismissed, with costs to appellant in this court and the court below.
Ingraham, P. J., and Clarke, J., concurred; Miller and Dowling, JJ., dissented.
Judgment reversed and complaint dismissed, with costs to appellant in this court and in the court below. Order to be settled on notice.