Opinion
March 10, 1952.
Present — Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ. [See ante, p. 806.]
Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term entered May 22, 1950, insofar as it denied the motion of defendant McCrory Stores Corporation to dismiss the first cause of action in the complaint, properly made?