Opinion
Not published with other decision of May 25, 1955, 285 App. Div. 114 3. — [REP.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. The action is to be tried when reached in regular order in September, 1955. The record warrants this relief. Settle order on notice.
Concur — Peck, P.J., Cohn, Bastow, Botein and Rabin, JJ.