Judgment of the Appellate Division and that of the Special Term reversed and judgment ordered in favor of plaintiff for the relief demanded in the complaint, with costs in all courts, on authority of Graf v. Hope Bldg. Corp. (254 N.Y. 1); no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.