Majority
p. 1013Joseph Graziano et al., Individually and as Copartners Doing Business as Joseph Graziano Company, Respondents, v. Indemnity Insurance Company of North America, Appellant.
Present — Wenzel, Acting P. J., MacCrate, Schmidt, Murphy and Ughetta, JJ. Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term, entered November 22, 1954, properly made? Present — Nolan, P. J., MacCrate, Schmidt, Murphy and Ughetta, JJ. [See ante, p. 867.]