Opinion
January 4, 1945.
Present — Close, P.J., Hagarty, Carswell, Adel and Lewis, JJ. [See ante, p. 998.]
Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of Special Term denying defendant's motion to dismiss the complaint under rule 107 of the Rules of Civil Practice properly made?