Judgment reversed upon the law and the facts, with costs, and complaint dismissed on the merits, with costs, upon the ground that plaintiff failed to prove any cause of action. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and appropriate conclusions will be made. Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur. Settle order on notice.