Order entered on June 27, 1962, denying defendants’ motion for partial summary judgment, unanimously affirmed, without costs. In view of the unusual circumstances of this case we feel that the interests of justice require that a trial be had. Accordingly and without passing upon the question of whether there is a triable issue as to actionable negligence, in the exercise of discretion, we affirm. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.