Opinion
May 6, 1942.
Present — Crosby, P.J., Cunningham, Dowling, Harris and McCurn, JJ.
Order modified on the law and as modified affirmed, without costs. All concur, except Crosby, P.J., and McCurn, J., who dissent and vote for reversal and for granting of the motion. (The portion of the order appealed from denies defendant's motion to dismiss the complaint.)