Opinion
February, 1934.
Present — Finch, P.J., Merrell, Martin, O'Malley and Untermyer, JJ.; Martin, J., dissents and votes for affirmance.
Order modified by granting items 1, 2, 3 and 4 relating to the making of the agreement, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice.