Majority
p. 663Hyman Nelson, Respondent, v. Benjamin Hirsch and Others, Defendants, and Benjamin Puritz, Appellant. (Consolidated Appeals.)
Motion to resettle order of December 8, 1933, granted and order resettled by striking therefrom, after the words “ reversed on the law,” the words “ and the facts.” Motion for
p. 664
leave to appeal to the Court of Appeals granted. The question heretofore certified is again certified on the appeal from the resettled order. Present — Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ. [See 240 App. Div. 983 ; 241 id. 603.]