
    Werner Ek Building Corp., Appellant, v. Melrose Lumber Company. Inc., Respondent.
    Argued February 26, 1964;
    decided March 26, 1964.
    
      
      Lester A. Kent for appellant.
    
      Robert H. Silk for respondent.
   Order of Appellate Division reversed and that of Special Term reinstated, with costs to abide the event, upon the ground that the record contains triable issues of fact. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.  