Determination of the Appellate Term (49 Misc 2d 115) unanimously reversed, on the law, and the judgment of the Civil Court, New York County, reinstated on the opinion of Starke, J. (49 Misc 2d 36) with $50 costs to the appellant in this court and costs in the Appellate Term.
Concur — McNally, J. P., Stevens, Eager, Steuer and Witmer, JJ.