Motion for reargument denied, without costs. Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ. On the court’s own motion, the order entered October 6, 1938, on the; decision of June 6, 1938 [254 App. Div. 87Ó], is resettled so as to eliminate as unnecessary, in view of the basis of our decision, conclusions of law numbered 1, 2 and 3. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.