Judgment and order unanimously reversed, with costs, and the motion denied, on the ground that there are questions of fact which should be determined only upon a trial. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.
Judgment and order unanimously reversed, with costs, and the motion denied, on the ground that there are questions of fact which should be determined only upon a trial. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.