Opinion
June, 1934.
Order, so far as it grants plaintiff's cross-motion for leave to serve a further amended complaint, reversed on the law and the facts, with ten dollars costs and disbursements, and plaintiff's cross-motion denied, without costs. In our opinion, there is no difference in substance between the proposed amended complaint and the former amended complaint, held by this court to be defective. ( Weyhrauch v. Miller, 240 App. Div. 863.) Young, Hagarty, Carswell and Davis, JJ., concur; Scudder, J., dissents.