Order dismissing complaint and directing judgment for defendant against plaintiff reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on authority of Weissman v. Naitove (125 Misc. 647). Defendant may serve an answer within ten days from date of the entry of the order herein. Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ., concur.