Opinion
December 8, 1947.
On the court's own motion, the decision of this court handed down December 1, 1947 ( ante, p. 769), is amended to read as follows: Action to recover damages for the unauthorized use by defendant, a photographer, of pictures of plaintiffs for trade purposes. Order denying defendant's motion to dismiss the complaint on the ground it does not state facts sufficient to constitute a cause of action, affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. ( Holmes v. Underwood Underwood, Inc., 225 App. Div. 360. ) Hagarty, Acting P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.