Judgments modified by providing that the complaint is dismissed without prejudice to a new action, and as so modified, affirmed, without costs. Sufficient basis does not exist in the statement of "agreed facts" for a determination upon the merits of the questions argued in the briefs since the statement recites only claims and contentions of plaintiff instead of facts. No opinion.

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