Majority
p. 812Enrico Volpe, Respondent, v. Max Heilveil, Inc., and Others, Defendants, Impleaded with Max Heilveil, Appellant.
Judgment and order unanimously reversed, with costs, and the motion denied, on the ground that there are questions of fact which should be determined only upon a trial. Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.