Opinion
March, 1934.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The amended complaint states a cause of action. ( Potter v. Ellice, 48 N.Y. 321; Havens v. Patterson, 43 id. 218, 221; Cornell v. Hayden, 114 id. 271, 278; Lewis v. Smith, 9 id. 502.) Defendant's time to answer is extended until ten days after the entry of the order herein. Lazansky, P.J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.