Majority
p. 696James A. Dunne, Jr., as Receiver of the Premises 319-331 Winthrop Street, Brooklyn, N. Y., Respondent, v. Packard Motor Car Company of New York, Appellant.
Order and judgment reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion there are issues to be tried which cannot be determined on a motion for summary judgment. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.