Majority
p. 544Bayork Realty Corporation, Respondent, v. Florence Hunt and Others, Defendants, and George S. Van Schaick, Superintendent of Insurance of the State of New York, as Liquidator of Hamilton Mutual Auto Casualty Corporation, Appellant. (Appeal No. 2.)
Order of the County Court of Suffolk county denying motion for summary judgment affirmed, with ten dollars costs and disbursements. In our opinion, the facts are not conclusively established by the affidavits submitted and it is preferable that a determination should not be made in advance of trial. Hagarty, Scudder, Tompkins, Davis and Johnston, JJ., concur.