On the court's own motion, the decision of this court dated August 20, 1940 [ 259 App. Div. 1116], is amended to read as follows: Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to the Court of Appeals denied. Motion to resettle order of this court dated July 2, 1940 [ 259 App. Div. 108 6], granted and order resettled as indicated in order signed.