Judgment unanimously reversed, with costs, and judg*802ment directed in favor of the defendants dismissing the complaint upon the merits, with costs, upon the authority of President & Directors of Manhattan Company v. Callister Brothers, Inc. (256 App. Div. 1097; affd., 282 N. Y. 629). Settle order on notice. Present — Martin, P. J., O’Malley, Townley and Callahan, JJ.