p. 927Eisek Korn and Sarah Korn, Respondents, v. Max Lipman and Max Gold, Appellants.
Headnote
Appeal from an- order entered on the 21st day of November, 1910, denying a motion for judgment on the pleadings.Order affirmed, with ten dollars costs and disbursements, on the authority of Gay v. Ulrichs ( 136 App. Div. 809 ).
No opinion. Present—Ingraham, P„ J. (dissenting), Clarke, Scott, Miller and Dowling, JJ.
(dissenting): I dissent upon the ground that section 802 of the Code of Civil Procedure was amended by chapter 65 of the Laws of 1909, and since that amendment section 801 applied to the serviceiof a summons by mail.