Majority
p. 637Mannie Feder, Doing Business as Beam Music Co., Appellant, v. Frank Caliguira, Doing Business as Frank's Pizzeria and Restaurant, Respondent.
Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Under the circumstances disclosed by this record, is section 399 of the General Business Law (as added by L. 1953, ch. 701) applicable to the agreement between the parties 1 Present — Nolan, P. J., Ughetta, Kleinfeld, Pette and Brennan, JJ.