Order reversed on the law, with $10 costs and disbursements, and motion denied, with $10 costs. (See Hatch v. Cherry-Burrell Corp., 274 App. Div. 234, and Weingarten v. Cohen, 275 App. Div. 253, affd. 300 N. Y. 5280 All concur. (Appeal from an order granting defendants’ motion to dismiss plaintiff’s complaint.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ. [ [See post, p. 1043.]