Order of Appellate Division reversed and judgment entered on the report of the referee affirmed, with costs in both courts, on the authority of Missano v. Mayor, etc., of N.Y. (160 N.Y. 123) and Sheehy v. City of New York (160 N.Y. 139); no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT and WILLARD BARTLETT, JJ. Dissenting: WERNER and HISCOCK, JJ. Absent: CHASE, J.