Opinion
September 30, 1942.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Order reversed, without costs, and motion denied, without costs, with the privilege to defendant to renew the motion upon proper papers. See Rules of Civil Practice, rule 107, subdivision 5. All concur. (The order grants defendant's motion to dismiss plaintiff's complaint in a silicosis action.)