Opinion
March 7, 1941.
Submission of a controversy upon an agreed statement of facts pursuant to section 546 of the Civil Practice Act.
The question presented is legally similar to that in Weinfeld v. Knickerbocker Village, Inc. ( 261 App. Div. 383), decided herewith.
For the reasons indicated in Weinfeld v. Knickerbocker Village, Inc. ( supra), judgment is directed for the defendant, but without costs.
Martin, P.J., Townley, Glennon and Untermyer, JJ., concur.
Judgment unanimously directed for defendant, without costs. Settle order on notice.