Opinion
November 19, 1941.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Order reversed on the law, without costs of this appeal to either party, and motion granted, without motion costs on the authority of Milks v. Mclver ( 264 N.Y. 267); Matter of Parchefsky v. Kroll Bros., Inc. (267 id. 410); Balsley v. Severance ( 261 App. Div. 492). All concur, except Taylor, J., not voting. (The order denies defendant's motion for a dismissal of plaintiff's amended complaint in a negligence action.)