Judgment modified, without costs, so as to eliminate the provision dismissing the complaint and to provide that in lieu thereof, for the reasons stated in Lanza v. Wagner ( 11 N.Y.2d 317, 334), the jural relationship between the parties be declared as set forth in the opinion of the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.