Majority
p. 603Feiber Realty Corporation, and Elsa Rayner Selig, as Executrix of the Last Will and Testament of Arthur L. Selig, Deceased, Appellants, v. Edward C. Abel, Respondent, and Others, Defendants. (Action No. 1.)
Motion for leave to appeal to the Court of Appeals granted. The questions certified are: I. Does section 1083-a of the Civil Practice Act, by its terms, apply to the facts at bar? 2. If section 1083-a of the Civil Practice Act, by its terms, applies to the facts at bar, is the same constitutional as to the facts at bar? Present — Lazansky, P. J., Hagarty, Carswell, Seudder and Tompkins, JJ. [See 240 App. Div. 985 .]