Order granting judgment on the pleadings affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Seudder and Davis, JJ., concur; Lazansky, P. J., dissents upon the ground that the defense presents an issue of fact to be tried.
Order granting judgment on the pleadings affirmed, with ten dollars costs and disbursements. No opinion. Young, Kapper, Seudder and Davis, JJ., concur; Lazansky, P. J., dissents upon the ground that the defense presents an issue of fact to be tried.