Majority
p. 860Citizens Trust Company of Binghamton, Appellant, v. Lewis B. Merselis and Another, Respondents.
Decision handed down September 25, 1935 [ 245 App. Div. 881 ], is hereby amended to read as follows: Motion for leave to appeal to the Court of Appeals granted. The court hereby certifies that the following question of law has arisen which in its opinion ought to be reviewed by the Court of Appeals: Does the complaint herein state facts sufficient to constitute a cause of action? Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.