Opinion
May 6, 1942.
Present — Crosby, P.J., Cunningham, Dowling, Harris and McCurn, JJ.
Order modified on the law by striking out the last ordering paragraph thereof and as modified affirmed, with ten dollars costs and disbursements. All concur, Cunningham, J., not voting. (The order denies plaintiff's motion for summary judgment in an action on a promissory note.)