Judgment reversed upon the law, with costs, and complaint dismissed, with costs, upon authority of Jackman v. Vanderbilt (ante, p. 717), decided herewith. In view of this disposition of the case, the appeal from the order denying motion for a new trial is dismissed. Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Rich, J., dissents and votes to affirm.