
    Third Department,
    September, 1966
    (September 9, 1966)
    John A. Elmore, Appellant, v. Elizabeth B. Snow et al., Respondents.
   —■ Decision of this court [26 A D 2d 719] dated July 1, 1966, amended so as to provide as follows: “Judgment reversed, on the law and the facts, and motion and cross motion for summary judgment denied, with costs.” Motion and cross motion for reargument, or, in the alternative, modification of the decision, denied in all other respects, without costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Staley, JJ., concur.  