Opinion
June 15, 1945.
Present — Martin, P.J., Untermyer, Dore, Cohn and Callahan, JJ.;
We deem the complaint sufficient. ( Bank of New York v. Blumenthal, 285 N.Y. 598.) We do not pass upon plaintiff's right to recover interest at the rate claimed. Order affirmed, with $20 costs and disbursements, with leave to the defendants-appellants to answer within ten days after service of order on payment of said costs.
Dore, J., dissents and votes to reverse and grant the motion to dismiss. [See post, p. 841.]