
    A. W. Duckett & Company, Inc., Appellant, v. Harold Spielberg, Respondent.
   Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, and the case ordered to be placed upon the calendar of the Special Term for trial, it appearing upon the face of the complaint that the cause of action stated is in equity and dismissal of the complaint after answer was error. Present — Clarke, P. J., Dowling, Page, Merrell and McAvoy, JJ."  