Determination of the Appellate Term affirming a judgment of the Civil Court in favor of plaintiff, unanimously reversed, on the law and on the facts, complaint dismissed and cross appeal dismissed as moot, with $50 costs and disbursements to defendant-appellant, on the dissenting opinion of Hecht, J., at Appellate Term. Concur—Steuer, J. P., Capozzoli, Tilzer and McNally, JJ.