For the reasons stated in Bert Amusement Corp. v. Holmden (243 App. Div. 81), decided herewith, the order should be affirmed, with twenty dollars costs and disbursements.

Present — Finch, P. J., Merrell, Martin, O’Malley and Untermyer, JJ.; Finch, P. J., dissents and votes for modification.

(dissenting in part). For the reasons stated in the dissenting opinion in Bert Amusement Corp. v. Holmden (243 App. Div. 81), decided herewith, the order appealed from should be modified by permitting peaceful picketing by at least two pickets and an immediate trial should be had of the action, and as so modified affirmed.

Order affirmed, with twenty dollars costs and disbursements.