Opinion
January 22, 1943.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.; Untermyer and Dore, JJ., dissent and vote to modify by dismissing the complaint as to all the plaintiffs, on the authority of Raymond Concrete Pile Co. v. Federation Bank and Trust Co. ( 288 N.Y. 452).
Judgment affirmed, with costs to the plaintiffs-respondents against the defendant-appellant. No opinion.