Opinion
March 13, 1940.
Present — Crosby, P.J., Cunningham, Dowling, Harris and McCurn, JJ.
Order reversed, with ten dollars costs and disbursements, and motion granted, without costs, on the authority of Scusa v. Hoefler ( 258 App. Div. 1036), decided January 12, 1940. All concur, except Cunningham, J., who dissents and votes for affirmance. (The order denies defendants' motion to change the place of trial.)