Majority
p. 792Lockport Plate and Window Glass Co., Inc., Appellant, v. Abraham M. Atlas, Defendant, Impleaded with Emanuel Atlas and Others, Respondents.
Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the testimony presented a fair question of fact which should be presented to the jury. All concur, except Sears, P. J., and Taylor, J., who dissent and vote for affirmance.