For the reasons expressed in case No. 1 (same.title, 231 N. Y. 398), the order appealed from must be reversed, the demurrer sustained, with leave to plaintiff to plead over within twenty days on payment of costs, and the questions certified answered in the negative.

Hiscock, Ch. J., Hogan, Cardozo and Andrews, JJ., concur; Pound, J., absent; Chase, J., deceased.

Ordered accordingly. ■,