Opinion
November 19, 1941.
Present — Crosby, P.J., Taylor, Dowling, Harris and McCurn, JJ. [ 176 Misc. 985.]
Order affirmed, with ten dollars costs and disbursements. All concur, except Crosby, P.J., and McCurn, J., who dissent and vote for reversal and for granting the motion. (The order denies a motion to dismiss plaintiff's complaint.)