
    Alex Thompson, Respondent, v. Orange and Rockland Electric Company, Appellant. (Action No. 2.)
   Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. The question to be certified is: Under subdivision 5 of rule 107, Rules of Civil Practice, should defendant’s motion to dismiss the complaint have been granted? Present — Lazansky, P. J., Young, Carswell, Scudder and Tompkins, JJ.  