-Judgment and order affirmed, with costs. No opinion. Present — Martin, P. J., Untermyer, Dore, *901Cohn and Callahan, JJ.; Dore and Cohn, JJ., dissent and vote to reverse and deny the motion on the ground that there are issues of fact to be tried.
-Judgment and order affirmed, with costs. No opinion. Present — Martin, P. J., Untermyer, Dore, *901Cohn and Callahan, JJ.; Dore and Cohn, JJ., dissent and vote to reverse and deny the motion on the ground that there are issues of fact to be tried.