Judgment reversed, without cost, and the case remitted to the Appellate Division for determination of the questions of fact raised in that court. (See People ex rel. Sheffield Farms Co. v. Lilly, 295 N.Y. 354.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.