| N.Y. App. Div. | Dec 15, 1944
Order reversed, with twenty dollars costs and disbursements, and the motion for judgment on the pleadings denied, solely on the ground that there are issues which should await development of the facts on the trial. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Untermyer, J., dissent and vote to affirm, on the ground set forth in the opinion of Special Term, dated January 11, 1944.