Order entered November 12, 1940, modified by granting the motion to the extent of placing the case on the non-jury calendar for trial, and as so modified affirmed, without costs. Appeal from order denying motion for reargument dismissed. No opinion. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; Cohn and Callahan, JJ., dissent and vote to affirm both orders.