Order insofar as appealed from affirmed, with $10 costs and disbursements.
Memorandum:
The determination of the rights of the parties should await a full development of the facts upon a trial.
All concur, except Williams and Halpern, JJ., who dissent and vote for reversal and for granting summary judgment in the following memorandum:
In our opinion, the facts are sufficiently developed in the record to permit a final disposition of the case...
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