Majority
p. 631Leo J. Kaczmarek, Respondent, v. Stanley Ciaciuch, as Executor of John J. Ciaciuch, Deceased, Defendant, and Jake B. Burkett, Appellant. Delphine Kaczmarek, an Infant, by Stephania Kaczmarek, Her Guardian ad Litem, Respondent, v. Stanley Ciaciuch, as Executor of John J. Ciaciuch, Deceased, Defendant, and Jake B. Burkett, Appellant.
Order unanimously affirmed, without costs of this appeal to any party. (Appeal from order of Erie Special Term denying motions by defendant Burkett for summary judgment.) Present— Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.