Opinion
March 1, 1960
Order appealed from unanimously modified in the exercise of discretion to the extent of granting leave to the plaintiff to replead if it be so advised, and, as so modified, affirmed, without costs to either party. While in our view the complaint does not state a cause of action, it may be that upon a repleading the plaintiff might be able to plead one. The judgment appealed from entered September 23, 1959 is vacated.
Concur — Rabin, J.P., M.M. Frank, McNally, Stevens and Bastow, JJ.