On reargument, order denying motion to dismiss complaint affirmed, with ten dollars costs and disbursements. In the exercise of its discretion, this court takes jurisdiction of the ease. (Douglas v. New Haven R. R. Co., 279 U. S. 377.) Lazansky, P. J., Hagarty, Carswell and Scudder, JJ., concur; Tompkins, J., not voting.