Judgment reversed upon the law and the facts, without costs, and judgment directed in favor of the defendant, without costs, upon authority of Millfield Realty Company v. Catena (post, p. -), decided herewith. Findings of fact and conclusions of law inconsistent with this determination are reversed and new findings and conclusions will be made. Lazansky, P. J., Kapper, Hagarty, Carswell and Scudder, JJ., concur. Settle order on notice.