
    David Butensky, Respondent, v. Jacob Klein, Appellant.
   Order granting summary judgment and judgment entered thereon reversed on the law and the facts, with ten dollars costs and disbursements, and motion for summary judgment denied, without costs, upon the ground that in our opinion there is an issue of fact to be tried. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.  