Opinion
June 14, 1940.
Present — Martin, P.J., Glennon, Untermyer, Dore and Cohn, JJ.; Untermyer and Dore, JJ., dissent and vote to reverse and deny the motion to dismiss the complaint. [ 173 Misc. 540.]
Order denying plaintiff's motion for an injunction pendente lite unanimously affirmed. Judgment, and the order appealed from granting defendants' motion for judgment dismissing the complaint, affirmed, with costs. No opinion.