Order unanimously modified by referring to an official referee the issue of fact as to whether the plaintiff had notice of the fraud more than six years prior to the commencement of this action. The decision of the motion to remain in abeyance pending the report of the official referee to the court at Special Term. Settle order on notice. Present — Peck, P. J., Glennon, Cohn, Callahan and Van Voorhis, JJ.