Judgment affirmed, with costs. No opinion. Kapper, Scudder and Davis, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to remit the matter to the trial court to make a decision.
Judgment affirmed, with costs. No opinion. Kapper, Scudder and Davis, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to remit the matter to the trial court to make a decision.