Order affirmed, with costs; no opinion.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi and Breitel. Judges Bergan and Keating dissent and vote to reverse on the ground that a question of fact was presented.
Order affirmed, with costs; no opinion.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi and Breitel. Judges Bergan and Keating dissent and vote to reverse on the ground that a question of fact was presented.