Motion for leave to appeal to the Court of Appeals demed, with ten dollars costs, with leave to the defendant to answer within twenty days from the service of a copy of the order to be entered hereon. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; McNamee, J., dissents and votes for leave to appeal to the Court of Appeals, on the ground that the question is novel, as stated in the prevailing opinion [240 App. Div. 520], and on the grounds stated in the dissenting opinion [Id. p. 523],