Majority
p. 783Rumsey & Greutert Company, Inc., Respondent, v. Robert W. Rumsey, Appellant, Impleaded with Another.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within twenty days from service of order upon payment of said costs and ten dollars costs of motion at Special Term, on the ground that the complaint does not state facts sufficient to constitute a cause of action. Present — Clarke, P. J., Smith, Merrell, Finch and Martin, JJ.