Opinion
November 22, 1944.
Present — Cunningham, P.J., Dowling, Harris, McCurn and Larkin, JJ.
Order reversed on the law, without costs of this appeal to any party, and motion granted, without costs. All concur, except Cunningham, P.J., and Harris, J., who dissent and vote for affirmance. (The order denies defendants' motion to dismiss the second cause of action in plaintiff's complaint.)