Order of Appellate Division reversed upon the authority of the Civil Practice Act (§ 562-a, subd. [3]) and matter remitted to the Appellate Division for determination on the merits, with costs to abide the event. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Not sitting: CONWAY, J.