That part of the judgment of the Appellate Division which affirmed the judgment of the trial court dismissing the plaintiff’s complaint as to the first cause of action affirmed, with costs to the respondent. Appeal from that part of the judgment of the Appellate Division which reversed the judgment •entered upon the verdict upon the second cause of action dismissed, without costs to either party; no opinion.

Concur : Parker, Ch. J., Gray, O’Brien, Martin, Cullen and Werner, JJ. Absent: Haight, J.