Opinion
March 11, 1952.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Bergan, JJ. [Order denied motion to dismiss complaint under rule 106.] [See post, p. 986.]
Assuming, as we must, that the allegations set forth in the complaint be true, we are constrained to hold that the complaint states a good cause of action and the order appealed from, therefore, is unanimously affirmed, without costs.