Majority
p. 861
Heber E. Wheeler, as Receiver for the Penn Yan and Lake Shore Railway, Respondent, v. Baldwin’s Bank of Penn Yan, Appellant.
Order affirmed, with ten dollars costs and disbursements. All concur, except Taylor and Lewis, JJ., who dissent and vote for reversal and granting the motion. (The order denies a motion to strike the action from the equity calendar.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.