The question presented is legally similar to that in Weinfeld v. Knickerbocker Village, Inc. (261 App. Div. 383), decided herewith.
For the reasons indicated in Weinfeld v. Knickerbocker Village, Inc. (supra), judgment is directed for the defendant, but without costs.
Martin, P. J., Townley, Glennon and Untermyer, JJ., concur.
Judgment unanimously directed for defendant, without costs. Settle order on notice.