Majority
p. 771Armand Marcucilli et al., Respondents, v. John Nichols, Appellant, et al., Defendants.
Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of Special Term, entered May 26, 1949, properly made1? Present — Nolan, P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ. [See 276 App. Div. 851 , 1021.]