Opinion
January 13, 1953.
Present — Peck, P.J., Callahan, Van Voorhis and Breitel, JJ.
Order unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. Inasmuch as the case must proceed, in any event, as to the plaintiff Corcoran, and the motion here having been made belatedly upon the eve of trial, we think it preferable to have the issues decided upon a trial instead of upon a motion for summary judgment.