Majority
p. 796Charles H. Wales, Appellant, v. Rudolph Alfred Ripperger, Respondent.
Motion for reargument denied, with ten dollars costs; motio'n for leave to appeal to the Court of Appeals denied. All concur, except McCum, J., who dissents and votes for granting the motion for leave to appeal to the Court of Appeals. Present — Crosby, P. J., Cunningham, Dowling, Harris and McCum, JJ.