Motion to resettle order made herein on January 25, 1929, granted upon consent of defendant’s counsel and, upon resettlement, it is ordered and adjudged that the judgment appealed from be and the same is hereby reversed upon the law, with costs, and complaint dismissed, with costs. Young, Kapper, Seeger and Cars-well, JJ., concur; Lazansky, P. J., dissents and votes to affirm.