Majority
p. 883Neil Dougherty, Executor, etc., of Rose Dougherty, Deceased, Respondent, v. Henry Seigle, Doing Business under the Trade Name and Style of Seigle’s Express, Appellant.
Order denying appellant’s motion to dismiss the complaint on the ground that the action had not been commenced "within the time limited therefor, affirmed, with ten dollars costs and disbursements, with leave to appellant to answer within ten days from the entry of the order hereon. The affidavits raised an issue of fact which must be tried. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.