Majority
p. 987St. Mary’s Roman Catholic Church Society of Niagara Falls, N. Y., and Another, Appellants, v. The Riverdale Cemetery Association of Niagara Falls, N. Y., and Others, Respondents.
Motion to amend order entered July 2,1941 [see ante, p. 943], denied, without costs. Memorandum: In making the order modifying the order appealed from, this court did not undertake to decide the correctness of statements contained in the opinion of the Special Term and did not assume to decide the merits of the matters in issue, as defined by the pleadings. The decision of those matters is left for the trial. Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.