Judgment of the Appellate Division reversed and judgment of the Special Term affirmed, with costs in this *Page 635 court and in the Appellate Division, on the authority of Heiman v. Bishop (272 N.Y. 83). No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.