Majority
p. 849Alan D. Oppenheimer, Inc., Respondent, v. Hygrade Food Products Corporation, Appellant.
Order affirmed, with $10 costs and disbursements. All concur. . (The order denies defendant’s motion under rule 113 of the Rules of Civil Practice for a dismissal of the complaint and for summary judgment.) Present — Taylor, P. J., McCurn, Larkin, Love and Vaughan, JJ.