Majority
p. 955Thomas J. McAdam, Doing Business as the Central Wine & Liquor Co., Respondent, v. Jacob Oberson, Inc., Appellant.
Order unanimously reversed, without costs, and the motion denied, on the ground that the affidavits show that plaintiff was engaged, in at least one instance, in a practice similar to that complained of; and the case directed to be placed on the day calendar of Special Term, Part III, for February 5, 1940. Present —■ Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.