Judgment and order reversed on the law, and new trial granted, costs to abide the event, on authority of O’Connor v. Webber [ante, p. 890], decided herewith. Blaekmar, P. J., Rich, Jaycox and Manning, JJ., concur; Jaycox, J., being also of opinion that the complaint should be dismissed; Kelby, J., votes to affirm.