Opinion
Argued February 25, 1915
Decided March 16, 1915
Otto C. Sommerich and Maxwell C. Katz for appellant.
William F. Unger and Samuel P. Goldman for respondent.
Order reversed and interlocutory judgment directed sustaining demurrer, with costs in all courts, on dissenting opinion of INGRAHAM, P.J., below, and with leave to plaintiff to serve amended complaint within twenty days if so advised. Question certified answered in the negative.
Concur: WILLARD BARTLETT, Ch. J., HISCOCK, CHASE, COLLIN, MILLER, CARDOZO and SEABURY, JJ.