I think this case falls within the doctrine of Hartford v. Greenwich Bank (157 App. Div. 448; affd., 215 N. Y. 726) *222and Holub-Dusha Co. v. Germania Bank (164 App. Div. 279) and, therefore, the determination should be affirmed.
Determination and judgment of Municipal Court reversed, with costs in this court and in the Appellate Term to appellant, and judgment directed in favor of defendant dismissing the complaint, with costs.