Opinion
January, 1927.
Present — Dowling, P.J., Merrell, Martin, O'Malley and Proskauer, JJ.; Martin, J., dissents and votes for reversal.
Order modified by granting plaintiff leave to serve an amended complaint within five days after service of order, and upon payment of ten dollars costs and disbursements of this appeal and ten dollars costs of motion at Special Term, and as so modified affirmed.