DEVORE v. BLAKE

Judgment of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Arverne Bay Construction Co. v. Thatcher ( 278 N.Y. 222).

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.