Opinion
December 20, 1949.
Present — Glennon, J.P., Dore, Cohn, Van Voorhis and Shientag, JJ.
Order unanimously modified by granting the motion to strike out the second cause of action on the ground that it is barred by section 130 of the Decedent Estate Law inasmuch as the action was not commenced within two years from the date of death and, as so modified, affirmed, with $20 costs and disbursements to the appellant. Settle order on notice.