Opinion
April 24, 1942.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.
The judgment appealed from, and the order entered February 27, 1941, so far as appealed from, reversed, with costs, and the motion granting plaintiff summary judgment denied, on the ground that there are issues of fact to be tried. (Untermyer and Cohn, JJ., dissent and vote to affirm.) Order entered February 24, 1941, unanimously affirmed.