For the reason stated in Peterson v. Ocean Electric R. Co. (161 App. Div. 720), decided herewith, the judgment and order appealed from are reversed and the complaint dismissed, with costs in all courts to the defendant.
Present—Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ.; Laughlin, J., dissented from dismissal of complaint and voted for a new trial.
Judgment and order reversed, with costs, and complaint dismissed, with costs. Order to be settled on notice.