Judgment reversed upon the law and the facts, and judgment unanimously directed in favor of the defendant, dismissing the complaint, without costs, upon the grounds set forth in opinion by Giegerieh, J., in Kosofsky v. Silbert (Special Term, N. Y. County, N. Y. L. J. July 7, 1923), with appropriate findings of fact, in accordance with the facts found in the case cited. Kelly, P. J., Rich, Jaycox, Maiming and Kapper, JJ., concur. Settle order on notice.