Opinion
February 17, 1966
Appeal from the Monroe Special Term.
Present — Williams, P.J., Bastow, Henry, Del Vecchio and Marsh, JJ.
Order unanimously affirmed, without costs of this appeal to either party. Memorandum: In affirming we do not necessarily adopt all of the views set forth in the memorandum of Special Term. The pleading, however, was properly dismissed with leave to replead. (Cf. Wolfson v. Mandell, 13 A.D.2d 760, affd. 11 N.Y.2d 704. )