Opinion
March 25, 1958
Order denying motion to dismiss under rule 107 of the Rules of Civil Practice unanimously affirmed, with $20 costs and disbursements to the respondent on the ground that the motion was not timely made. (See Mossew v. To Market, Inc., 3 A.D.2d 189. )
Concur — Botein, P.J., Rabin, Frank, Valente and McNally, JJ.