Opinion
November 24, 1944.
Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.; Townley and Glennon, JJ., dissent and vote to affirm. [ 181 Misc. 741.] [See post, p. 1027.]
Order reversed, with twenty dollars costs and disbursements, and the motion to vacate the service of the summons on defendant Bauer, Pogue Co., Inc., and to dismiss the action as to said defendant granted. ( Matter of National Surety Co. [ Laughlin], 283 N.Y. 68, certiorari denied 311 U.S. 707; Matter of Lehrich v. Sixth Ave. Bancorporation, Inc., 251 App. Div. 391.)