On the court’s own motion, its decision and order and the opinion by Mr. Justice Shapiro (38 A D 2d 210, 214), all dated February 7, 1972, are amended to strike therefrom the phrase that the reversal is “ on the law and the facts ” and substituting therefor the phrase that the reversal is “ on the law ”. Munder, Acting P. J., Martuscello, Latham, Shapiro and Brennan, JJ., concur.