
    Mark A. Perloff, Respondent, v. Nathan Kelmenson, Appellant.
   — Order denying defendant’s motion to dismiss the complaint upon the ground that plaintiff’s claim has been released modified so that it shall provide that the questions of fact as to the validity of the release shall be tried by a jury, whose findings shall be reported to the court for its action. (Rules Civ. Prac. rule 108.) As so modified the order is affirmed, without costs. Lazansky, P. J., Rich, Kapper, Carswell and Scudder, JJ., concur.  