Majority
p. 908West India Sales, Limited, Respondent, v. Leonard Schmerer et al., Copartners Doing Business under the Name of Leonard Schmerer & Co., Appellants.
In our opinion the issues herein involved should not be disposed of without plenary trial. Order, granting plaintiff’s' motion for summary judgment and striking out the answer and directing a hearing for the assessment of damages, unanimously reversed and the motion denied, without costs. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.