Judgment and order affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Martin, P. J., and Townley, J., dissent and vote to reverse and deny the motion, on the authority of Mortgage Commission of State of New York v. Fay (255 App. Div. 622; affd., 281 N. Y. 637).