
    Henry A. Smith, Inc., Appellant-Respondent, v. Industrial Bank of Utica, Respondent-Appellant, et al., Defendants.
   Order affirmed, without costs of these appeals to any party. All concur. (Cross appeals from an order of Oneida Special Term denying plaintiff’s motion for summary judgment and denying the bank’s motion under rule 113.) Present — McCurn, P. J., Kimball, Piper, Wheeler and Van Duser, JJ.  