Majority
p. 836Ernest B. Morris and Others, Appellants, v. John W. Gardner, Respondent.
Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted. [See 257 App. Div. 727 .] The court 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 in this action state facts sufficient to constitute a cause of action?” Present — Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ.