Judgment and order affirmed, without costs of this appeal to either party. See memorandum filed in companion case of Knight v. Village of Fairport {ante, p. 997.) decided herewith. All concur. (Appeal from a judgment dismissing the complaint in a negligence action. The order denied plaintiff’s motion to set aside the previous order of dismissal.) Present — MeCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ. [See 284 App. Div. 836.]