
    Bernard Besdine, Doing Business as Diamond Security Company, Respondent, v. Emma H. Stewart, Appellant.
   Judgment of the Municipal Court reversed and a new trial ordered, costs to abide the event, on the ground that the failure of the plaintiff to comply with section 440 of the Penal Law deprived him of the right.to maintain this action, Hirschberg, P. J., Burr, Thomas, Rich and Carr, JJ., concurred.  