Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Under the circumstances disclosed by this record, is section 399 of the General Business Law (as added by L. 1953, ch. 701) applicable to the agreement between the parties 1 Present — Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ.