Order of Appellate Division reversed, without costs, and matter remitted to that court pursuant to section 606 of the Civil Practice Act for determination of the questions of fact. (See Rugg v. State of New York, 303 N.Y. 361.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.