Order denying plaintiff’s motion for summary judgment affirmed, with ten dollars costs and disbursements, on the ground that there is an issue of fact to be tried. Lazansky, P. J., Young and Taylor, JJ., concur; Hagarty and Adel, JJ., concur in result on the ground that the case does not come within rule 113 of the Rules of Civil Practice. (Bohlken v. Title Guarantee & Trust Co., 248 App. Div. 722.) [160 Misc. 881.]