Opinion
June 9, 1939.
Present — Martin, P.J., O'Malley, Townley, Untermyer and Dore, JJ.
Determination unanimously reversed, with twenty dollars costs and disbursements in this court and ten dollars costs and disbursements in the Appellate Term, to the defendant, and the motion denied. The affidavits set forth facts sufficient to warrant a trial of the issues.