Majority
p. 740(January 13, 1953.) Thomas L. Corcoran et al., Respondents, v. John F. Trommer, Inc., et al., Appellants.
Order unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. Inasmuch as the case must proceéd, in any event, as to the plaintiff Corcoran, and the motion here having been made belatedly upon the eve of trial, we think it preferable to have the issues decided upon a trial instead of upon a motion for summary, judgment. Present — Peck, P. J., Callahan, Van Voorhis and Breitel, JJ.