Judgment and order reversed, with costs, and the motion denied, on the ground that there are triable issues of fact. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents and votes to affirm.
Judgment and order reversed, with costs, and the motion denied, on the ground that there are triable issues of fact. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Untermyer, J., dissents and votes to affirm.