Erbe v. Lincoln Rochester Trust Co.

*844Order affirmed, with costs. First and second questions certified answered in the negative. No opinion.

Concur: Conway, Ch. J., Desmond, Dye, Fuld, Froessel and Burke, JJ. Van Voorhis, J., dissents and votes to reverse and to dismiss the complaint for the reasons stated by Roberts, J., in his opinion at Special Term.