Majority
p. 869William Cholek, Respondent, v. Carl Navias, Appellant, by Original Summons between the Said Carl Navias, Plaintiff, against William Cholek and Michael Grodzinski, Also Known as John Michaels, Defendant, by Counterclaim.
Judgment unanimously modified by remitting all the issues raised by the pleadings to the official referee and by providing that the costs of the successful party be taxed upon final judgment, and as so modified affirmed, with costs to the appellant. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.