
    Herman Goldschmidt, Appellant, v. Jacob Rudin, Respondent.
   Order and judgment reversed upon the law, with costs to abide the event, and motion for judgment on the pleadings denied, with ten dollars costs. The complaint sufficiently alleges that the condition precedent with respect to the passing of title did not occur as a consequence of a fault of the defendant in refusing to make the conveyance. The applicability of Levy v. Forster (224 App. Div. 463) can be determined only upon the trial. Young, Kapper, Carswell, Seudder and Davis, JJ., concur.  