Majority
p. 607Irene Jacobowitz, Appellant, v. Moses Schwartz, Respondent.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that a question of fact was presented. Present ■ — • Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.; Finch, P. J., and Merrell, J., dissent and vote for affirmance.