Majority
p. 780Joseph Baldo, Appellant, v. Irving Bank-Columbia Trust Company, Defendant, and Margaret Sheldon, etc., Respondent.
Judgment affirmed, with costs. No opinion. Lazansky, P. J., Rich, Seeger and Carswell, JJ., concur; Hagarty, J., dissents, being of opinion that the testimony of Giordano in the Surrogate’s Court proceeding was admissible under section 348 of the Civil Practice Act.