For the reasons stated in the opinion of the Justice of the City Court and in the dissenting opinion in the Appellate Term, the determination of the Appellate Term, and the judgment entered thereon, reversed, with costs and the judgment of the City Court reinstated. Present - — Peek, P. J., Dore, Cohn, Van Voorhis and Heffernan, JJ.; Dore and Cohn, JJ., dissent and vote to affirm. Settle order on notice. [See post, p. 861.]