No actionable negligence was established. (Kennedy V. Taaffee, 290 N. Y. 832; Hofstein v. Bronx Water Works, Inc., 265 App. Div. 493.) Judgment reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur.