Judgment unanimously modified, on the law and on the facts in accordance with the disposition made in Leon v. Glaser ( 28 A.D.2d 833) without costs or disbursements to any of the parties, and the order entered February 9, 1967 is affirmed, without costs or disbursements to any of the parties.
Concur — Stevens, J.P., Eager, Tilzer, Rabin and McGivern, JJ.