
    Marguerite Clement, Respondent, v. Albert Merker, Appellant.
   Judgment and orders affirmed, with costs. No opinion. Present — Martin, P. J., Townley, Grlennon, Callahan and Peek, JJ.; Martin, P. J., dissents and votes to reverse the judgment and the order granting plaintiff’s motion for summary judgment and to deny said motion and to affirm the order denying defendant’s motion for summary judgment.  