
    George Stojack, as Administrator, etc., of Michael Stojack, Deceased, Appellant, v. Ellis D. Smith, Respondent.
   Judgment and order affirmed, with costs. Van Birk, P. J., Hinman, Hill and Crapser, JJ., concur; Rhodes, J., dissents, with an opinion (which opinion is not to be published because not of general interest).  