Judgment of the Appellate Division reversed and case remitted to that court for determination of questions of fact, without costs to either party. (Civ. Prac. Act, § 602; see, e.g., McLean v. McKinley, 307 N. Y. 661.) No opinion.

Concur: Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ. Van Voorhis, J., dissents and votes to affirm on the ground that the Appellate Division correctly dismissed the complaint upon the law.