Opinion
March 10, 1959
Order unanimously modified so as to grant the motion to dismiss the complaint unconditionally, with leave however to plaintiff to move to vacate the dismissal upon proper papers containing a sufficient affidavit of merits; and, as so modified, the said order is affirmed, with $20 costs and disbursements to the appellants.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.