Order of the Appellate Division and that of the Special Term reversed and motion to dismiss complaint granted, with costs in all courts; question certified answered in the affirmative on the authority of Thompson v. Orange & Rockland Electric Company (254 N. Y. 366); no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.