Judgment reversed upon the law and the facts, and judgment unanimously directed in favor of the defendant, dismissing the complaint, with costs, upon authority of Blank v. Evens (237 N. Y. 558). Findings of fact and conclusions of law contrary to this decision are reversed, and new findings made in accordance herewith. Kelly, P. J., Rich, Jaycox, Manning and Young, JJ., concur. Settle findings and order on notice.