
    Wilmot L. Morehouse, Respondent, v. Jacob Rutstein, Appellant.
   Order denying motion for judgment dismissing complaint affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Rich, Young and Seeger, JJ., concur; Kapper, J., dissents, upon the grburid that the truth or falsity of the affidavit was an issue to be determined by the court to ‘whom such affidavit was submitted and it was, therefore, privileged. In such a case the question of malice has no place. (Moore v. Manufacturers’ Nat. Bank, 123 N. Y. 420.)  