Majority
p. 987Charles J. Montana, Appellant, v Robert Smith, Individually and as Secretary-Treasurer and Business Agent of International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers of America, Local 264 and as President of Teamsters, Joint Council 46, et al., Respondents.
Order unanimously affirmed, with costs, on the opinion at Special Term, Kronenberg, J. (Appeal from order of Erie Supreme Court—summary judgment.) Presenf^-Cardamone, J. P., Hancock, Jr., Schnepp, Callahan and Witmer, JJ.