Majority
p. 855Select Theatres Corporation, Respondent, v. Rose Rothenberg, as Executrix, etc., of Elizabeth Marbury, Deceased, and Another, Appellants.
Judgment and order reversed, with costs, and motion denied, with ten dollars costs, on the ground that the affidavits present a triable issue of fact, and the case preferred and trial set for May 21, 1934. Present — Finch, P. J., Merrell, Townley and Glennon, JJ.