Opinion
Argued May 23, 1946
Decided June 14, 1946
Appeal from the Supreme Court, Appellate Division, First Department, HAMMER, J.
Adolph S. Ziegler and Irving C. Rosenkrantz for appellant.
John J. Bennett, Corporation Counsel ( Seymour B. Quel of counsel), for respondent.
Judgments modified so as to provide that plaintiff may have ten days in which to serve an amended complaint, and as so modified, affirmed with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and FULD, JJ. Taking no part: THACHER and DYE, JJ.