Order modified, on the law and the facts, so as to dismiss the complaint unconditionally and, as so modified, affirmed, without costs. (See Wright v. Spring Lake Hotel, 20 A D 2d 936; Lubin v. Country Town Cottages, 21 A D 2d 952; Giaccio v. Kiamesha Concord, 22 A D 2d 723; Houle v. Wilde, 22 A D 2d 727.) Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur. .