Judgment of a Court of Special Sessions of the City of New York, New York County, held by a City Magistrate of the City of New York, rendered on May 18,1962, convicting defendant of violating the New York City Health Code, unanimously reversed on the law and the c'ause remanded for further proceedings in view of the holding in People v. Mallwy (14 A D 2d 761). Concur- — Botein, P. J., Stevens, Steuer, Bergan and Bastow, JJ.