Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, and the question certified answered in the negative on the authority of Davidson v. City of New York ( 221 N.Y. 487); no opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN and HUBBS, JJ. Not sitting: KELLOGG, J.