Judgment affirmed, with costs. No opinion. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.; Peek, P. J., and Shientag, J., dissent and vote to reverse and order a new trial on the ground that the ease should have been submitted to the jury. (See Nelson v. Mills Music., Inc., ante, p. 311, decided herewith.)