Order reversed, with costs in this court and in the Appellate Division, and the matter remitted to Special Term with the direction that the judgment of Special Term be reinstated for the reasons stated in the dissenting opinion at the Appellate Division. Question certified answered in the negative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.