Opinion
September 29, 1943.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Order so far as appealed from reversed, without costs of this appeal to any party, and motion granted, without costs. Memorandum: The case of Cohen v. Dana ( 287 N.Y. 405) decided only that the complaint should not be dismissed for failure to bring in the corporation as a defendant. On the authority of Cohen v. Dana ( 264 App. Div. 858) this motion should have been granted. All concur. (The portion of the order appealed from denies a motion to extend time to answer.)