Opinion
May 2, 1950.
Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.
Determination of the rights under the contract should await a trial of the issues. Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendant to answer within ten days after service of the order, with notice of entry thereof, on payment of said costs.