Judgment affirmed, with costs. No opinion. Present —- Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.; Martin, P. J., and Callahan, J., dissent and vote to reverse and grant a new trial on the ground that the court in the exercise of its discretion should have permitted the plaintiff to call the defendant, after having reversed its determination on the motion to dismiss the complaint.