Opinion
May 18, 1938.
Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.
Judgment and order reversed on the law, with costs, and motion to strike out all allegations in the amended complaint in reference to the Penal Law granted, with ten dollars costs, and plaintiff directed to serve an amended complaint within ten days omitting all reference to the Penal Law. All concur. (The judgment dismisses plaintiff's complaint in a silicosis action.)