Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event, upon authority of Fisher v. Levine (ante, p. 761), decided herewith. Findings of fact and conclusions of law inconsistent herewith are reversed. Lazansky, P. J., Kapper, Hagarty, Carswell and Seudder, JJ., concur. Settle order on notice.