Buffalo Savings Bank, Plaintiff, v. The Polish Roman Catholic Church of the Holy Mother of the Rosary of Buffalo et al., Respondents, and The Pendock Company, Respondent and Appellant. The Diocese of Buffalo, Intervenor, Appellant and Respondent; John Czajka et al., Intervenors, Respondents

Order affirmed, without costs. Under the circumstances of this case the court in its discretion had the power to make the order which it made, and, therefore, the questions certified are answered as follows: First, second and third questions answered in the affirmative; fourth and fifth questions in the negative; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Hogan and Oardozo, JJ. Seabury, J., dissents as to the answer to the fifth question.