Judgment and order reversed, with costs, and the motion denied, with ten dollars costs, on the ground that there are issues of fact to be tried. Present —■ Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.
Judgment and order reversed, with costs, and the motion denied, with ten dollars costs, on the ground that there are issues of fact to be tried. Present —■ Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.