Opinion
December, 1934.
Present — Martin, Merrell, O'Malley, Glennon and Untermyer, JJ.
Orders and judgment reversed, with costs, and the motion for summary judgment denied, with ten dollars costs. The record discloses that there are triable issues of fact involved in this case. The action should be preferred for the February term if convenient for defendant. No opinion. Settle order on notice.