Judgment and order affirmed, with costs, on authority of Silver v. City of Yonkers (ante, p. 835), decided herewith. Lazansky, P. J., Kapper, Carswell and Seudder, JJ., concur; Hagarty, J., dissents and votes to reverse and to dismiss the complaint upon the grounds stated in his dissenting memorandum in Silver v. City of Yonkers (supra).