Opinion
November 29, 1951. Republished.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ. [See ante, p. 166; post, p. 790.]
Order dated April 19, 1951, denying plaintiffs' motion for summary judgment unanimously affirmed. Order dated April 27, 1951, granting defendants' cross motion with leave to the plaintiffs to serve an amended complaint as to the second cause of action is modified (two of the justices dissenting in part) upon the law and the facts; and on the stipulation at Special Term, defendants' cross motion as to the second cause of action is considered as one for summary judgment and said motion is granted dismissing the complaint without leave to plaintiffs to replead; and, as so modified, said order is affirmed, with $20 costs and disbursements on said appeals to defendants. Opinion by Dore, J., Glennon and Cohn, JJ., concur; Peck, P.J., and Callahan, J., dissent in part in dissenting opinion.