Motion granted. Pursuant to stipulation, order granting defendants’ motion under rule 112, Rules of Civil Practice, and section 476, Civil Practice Act, and judgment entered pursuant thereto dismissing the complaint, reversed on the law, without costs, and the motion denied, without costs. (Andrews v. Metropolitan Jockey Club, 258 App. Div. 1086 [2d Dept.], decided February 26, 1940.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.