
    Benjamin McClung, Respondent, v. First Citizens Bank and Trust Company of Utica, N. Y., Appellant, and Others.
    
    
      
       Affd., 263 N. Y. 660.
    
   Order affirmed, with ten dollars costs and disbursements. Rhodes, Bliss and Heffernan, JJ., concur; Hill, P. J., dissents and votes to reverse the order and to grant the motion to dismiss the complaint.  