Majority
p. 760Charles Aronson, Respondent, v. Abraham Kuttner, Appellant, and Others, Defendants.
Order modified so as to provide that the motion of the plaintiff for summary judgment be denied, and as so modified affirmed, -with ten dollars costs and disbursements to appellant. In our opinion there are issues to be tried, and equities to be adjusted between the parties. (See sections 1083-a and 1083-b of the Civil Practice Act, added by chapter 794 of the Laws of 1933.) Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ., concur.