Judgment modified in accordance with memorandum in SteinkritzAmusement Corp. v. Kaplan (257 N.Y. 294), and as modified affirmed, without costs; no opinion.

Concur: POUND, CRANE, KELLOGG, O'BRIEN and HUBBS, JJ.; CARDOZO, Ch. J., and LEHMAN, J., vote for further modification in accordance with their vote in Steinkritz Amusement Corp. v.Kaplan.