Order unanimously affirmed, as matter of law and not of discretion, with fifty dollars costs and disbursements. Leave to appeal to the Court of Appeals granted. Present — Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ. [135 Misc. 874.]
Order unanimously affirmed, as matter of law and not of discretion, with fifty dollars costs and disbursements. Leave to appeal to the Court of Appeals granted. Present — Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ. [135 Misc. 874.]