Opinion
October 21, 1938.
Present — Martin, P.J., O'Malley, Glennon, Untermyer and Callahan, JJ.
Allegations sufficient to constitute a cause of action were set forth in the complaint. It is quite apparent that the court misunderstood the opening statement of counsel for the plaintiff, otherwise the complaint would not have been dismissed without the introduction of any testimony. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.