Majority
p. 888Miner-Edgar Company, Plaintiff, v. North River Insurance Company, Defendant.
This submission leaves open controverted issues of fact and hence cannot terminate in a judgment. (Zarkowski v. Schroeder, 60 App. Div. 457 .) Submission dismissed, without prejudice, and without costs to either party. Settle order on notice. Present — Dowling, P. J., Merrell, Finch, McAvoy and Prosbauer, JJ.