Majority
p. 949Daniel Rubino, as Executor of Joseph Rubino, Deceased, Respondent, v. Joseph Weinstein, Defendant, and Louis Rosenman, Appellant and Third-Party Plaintiff. United States Fidelity & Guaranty Company, Third-Party Defendant.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. No opinion. (See Civ. Prac. Act, § 99.) Concur — Botein, J. P., Frank, Valente, Bergan and Bastow, JJ.