Majority
p. 718Frank Cullinan, Doing Business as Holiday House, Respondent, v. Bill Bard, Appellant.
Order modified, on the law and the facts, so as to dismiss the complaint unconditionally and, as so modified, affirmed, without costs. (See Wright v. Spring Lake Hotel, 20 A D 2d 936 ; Lubin v. Country Town Cottages, 21 A D 2d 952 ; Giaccio v. Kiamesha Concord, 22 A D 2d 723 ; Houle v. Wilde, 22 A D 2d 727 .) Gibson, P. J., Herlihy, Taylor, Aulisi and Hamm, JJ., concur. .