Opinion
May, 1936.
Present — Martin, P.J., McAvoy, O'Malley, Glennon and Cohn, JJ.
Order granting defendant's cross-motion for summary judgment dismissing plaintiff's first cause of action, and the judgment entered thereon, affirmed, with costs. No opinion. (Martin, P.J., and O'Malley, J., dissent and vote to reverse and deny said cross-motion.) Order denying plaintiff's motion for summary judgment upon the first cause of action unanimously affirmed.