
    Fisher Rosenberg and Isaac Rosenberg, Respondents, v. Edward Ruth, Jr., and Fidelity and Deposit Company of Maryland, Appellants.
   Order granting plaintiffs’ motion for summary judgment and judgment entered thereon reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that there is an issue of fact presented by the pleadings. Lazansky, P. J., Rich, Young and Seeger, JJ., concur; Scudder, J., dissents.  