Opinion
June 17, 1947.
Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.;
Present — Glennon, Dore, Cohn, Peck and Van Voorhis, JJ.;
Order denying defendants' motion to dismiss the complaint as insufficient in law affirmed, with $10 costs and disbursements. No opinion.
Peck and Van Voorhis, JJ., dissent and vote to reverse and grant the motion. Order granting plaintiff's motion for an injunction pendente lite unanimously reversed, with $10 costs and disbursements, and the motion denied on the ground that upon the papers submitted there is insufficient basis for granting the drastic remedy of injunction pendente lite.
Peck and Van Voorhis, JJ., concur in the result on the ground that in their opinion the complaint fails to state facts sufficient to constitute a cause of action. [See post, p. 962.]