Order entered October 9, 1959, granting judgment on the pleadings to the plaintiff and the judgment entered thereon on October 28,1959, are unanimously reversed on the law, and judgment is directed in favor of the defendant. Enter judgment accordingly. (See Cariello v. City of New York, 10 A D 2d 846.) Concur — M. M. Frank, J. P., Valente, McNally, Stevens and Bergan, JJ.