Judgment and order affirmed, with costs. All concur, except Crouch, J., who dissents and votes for reversal on the ground that the defense cannot be fairly said to be sham; that the plaintiff’s proof in support of its claim is interested and, under the circumstances shown by the affidavits, cannot be said to be free from suspicion; that, therefore, there was an issue for trial. Present — Sears, P. J., Crouch, Edgcomb, Thompson and Crosby, JJ.