Order unanimously reversed on the facts and as a matter of discretion, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered dismissing the complaint, with costs, (Bist v. 234 East 33rd Corp., 4 A D 2d 867.) Concur — Breitel, J. P., Botein, Frank, Valente and McNally, JJ.