The same problem presented upon the appeal in Matter ofGuernsey Breeders Cooperative, Inc., v. Noyes (284 N.Y. 197) is presented upon this appeal and the order should be modified in accordance with the opinion of the court in that case and as so modified affirmed, with costs to the appellant.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Ordered accordingly. *Page 525