Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered in favor of the appellant dismissing the complaint herein, with costs, and the order of this court, entered December 8, 1953 {ante, p. 1017), is vacated. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Breitel and Bastow, JJ.