Judgment of the Appellate Division modified by reversing so much thereof as granted the motion of the defendants for summary judgment upon the first cause of action, and as to that cause of action motion denied upon the ground that the issues can be composed only by a trial; and as so modified, judgment affirmed, with costs to the appellant in this court. No opinion.

Concur: LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. Taking no part: LEHMAN, Ch. J. *Page 802