
    Louis Lotito, as Executor of Harry A. Kaufman, Deceased, Appellant, v. John A. Sullivan et al., Respondents.
    Argued October 1, 1947;
    decided October 16, 1947.
    
      
      Milton N. Mound, Ira Schlusselberg and Julius J. Abeson for appellant.
    
      Bernard Eershkopf, William Klein, Milton B. Weir and Adolph Lund for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Loughrax, Oh. J., Desmond, Thaoher, Dye and Fuld, JJ.; Lewis and Coxway, JJ., dissent and vote for reversal upon the ground that it cannot be said upon the present record that “ there is in truth nothing to be tried ” (Curry v. Mackenzie 239. N. Y. 267, 270).  