Order unanimously reversed, without costs, and the motion denied, on the ground that the affidavits show that plaintiff was engaged, in at least one instance, in a practice similar to that complained of; and the case directed to be placed on the day calendar of Special Term, Part III, for February 5, 1940. Present —■ Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.