Majority
p. 745Morris Goldenblum, Respondent, v. Philip Rothman, Appellant.
Order denying motion to dismiss complaint and for summary judgment on defendant’s counterclaim affirmed, with ten dollars costs and disbursements. The record does not disclose that breach of warranty was an issue tried in the City Court action. Kelly, P. J., Jaycox, Manning, Young and Lazansky, JJ., concur.