Opinion
October 26, 1961
Appeal from the Genesee Special Term.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order affirmed, with $25 costs and disbursements. All concur, except Williams, P.J., who dissents and votes to grant the motion for summary judgment, on the authority of Carbone v. Mackchil Realty Corp. ( 296 N.Y. 154). (Cf. Mayer v. Temple Props., 307 N.Y. 559.)