Opinion
March 12, 1952.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ. [See ante, p. 252.]
Application to resettle the order herein made by this court on the 9th day of January, 1952. Application granted, without costs, and the decretal part of the order modified to read as follows: Ordered that the said order so appealed from be and the same hereby is affirmed, with $10 costs and disbursements to respondent. Application for leave to appeal to the Court of Appeals granted, and this court certifies that a question of law has arisen which in its opinion ought to be reviewed by the Court of Appeals, and certifies the following question: "Was so much of the order of the Special Term dismissing, pursuant to Rule 106 of the Rules of Civil Practice, the first cause of action set forth in the amended complaint properly made?"