Majority
p. 777Philip Nassau, Respondent, v. M. Smoleroff Holding Co., Inc., Appellant.
— Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.; Martin and O’Malley, JJ., vote to affirm without prejudice to an application by defendant for a limited stay if it shows that it would be prejudiced by an immediate trial.