PLATTO v. STIER

Judgment of the Appellate Division reversed and case remitted to that court for determination of questions of fact, without costs to either party. (Civ. Prac. Act, § 602; see, e.g., McLean v. McKinley, 307 N.Y. 661.) No opinion.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. VAN VOORHIS, J., dissents and votes to affirm on the ground that the Appellate Division correctly dismissed the complaint upon the law.