Opinion
February 23, 1961
Order entered on September 29, 1960, granting defendant's motion to dismiss the second amended complaint, pursuant to rule 106 of the Rules of Civil Practice, unanimously affirmed, with $20 costs and disbursements to the respondent. The plaintiff may, if it be so advised, serve a further amended complaint not inconsistent with the opinion of the court at Special Term, within 10 days after the service upon its attorneys of a copy of the order entered herein, with notice of entry thereof, upon payment of the said costs and disbursements. No opinion.
Concur — Botein, P.J., Breitel, McNally, Stevens and Steuer, JJ.