Appeal from original order dismissed, without costs. Resettled order and judgment entered thereon unanimously modified on the law and in the exercise of discretion so as to permit plaintiff to institute such action at law or in equity as may be appropriate, and as so modified, the resettled order and judgment are affirmed, with costs to respondent.
Concur — Botein, P.J., Rabin, M.M. Frank, Valente and Stevens, JJ.