Judgment modified, without costs, so as to eliminate the provision dismissing the complaint and to provide that in lieu thereof, for the reasons stated in Lanza v. Wagner (11 N Y 2d 317, 334), the jural relationship between the parties be declared as set forth in the opinion of the Appellate Division. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Field, Feoessel, Van Voobhis, Bterke and Fosteb.