Opinion
February 21, 1949.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.
Judgment and order reversed and summary judgment directed to be entered in favor of the defendant dismissing the first cause of action alleged in the complaint, without costs, and the order of this court, entered February 14, 1949 ( 274 App. Div. 623), vacated.