Opinion
February 14, 1938.
Present — Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ. [ 164 Misc. 889.]
On argument, the order denying plaintiffs' motion for judgment on the pleadings and granting defendant's cross-motion for judgment dismissing the complaint on the merits, and judgment entered, are unanimously affirmed, without costs. Appellants' motion for leave to appeal to the Court of Appeals, made in open court, is granted.