Opinion
February 24, 1948.
Present — Peck, P.J., Cohn, Callahan, Van Voorhis and Shientag, JJ.;
Order unanimously affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of order, with notice of entry thereof, on payment of said costs. No opinion.
Van Voorhis, J., concurs on the ground that notwithstanding that it appears from the face of the complaint that the goods were destroyed by fire, the complaint states a cause of action since it alleges that the fire was due to the negligence of the defendants.