Opinion
December 16, 1946.
Order denying defendant's motion to dismiss the complaint under subdivision 5 of rule 106 of Rules of Civil Practice, on the ground it fails to state a cause of action, affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Lewis, P.J., Hagarty, Carswell, Johnston and Adel, JJ., concur. [See post, p. 932.]