Opinion
June 22, 1943.
Present — Martin, P.J., Townley, Dore, Cohn and Callahan, JJ.; Townley and Callahan, JJ., dissent and vote to reverse and grant the motion, on the authority of Matter of Small v. Moss ( 252 App. Div. 287, revd. 277 N.Y. 501; on subsequent appeal 255 App. Div. 1, affd. 279 N.Y. 288); Matter of Goelet v. Moss ( 248 App. Div. 499, affd. 273 N.Y. 503).
Orders affirmed, with twenty dollars costs and disbursements. No opinion.