Judgment affirmed, with costs. No opinion. Present •—■ Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; O’Malley, J., dissents and votes to reverse and dismiss the complaint.
Judgment affirmed, with costs. No opinion. Present •—■ Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; O’Malley, J., dissents and votes to reverse and dismiss the complaint.