The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Order reversed, with ten dollars costs and disbursements, and defendant’s motion for judgment on the pleadings granted, with ten dollars costs, upon authority of Paul v. Fargo (84 App. Div. 9). Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.