Majority
p. 770Harry J. Marks, a Stockholder in H. J. Marks & Co., Inc., Suing in Behalf of Himself and Other Stockholders, etc., Respondent, v. Phillips Badenhausen, Individually and as Treasurer and Director and Another, Appellants, Impleaded with Another, Defendant.
Order reversed, with ten dollars costs and disbursements, and motion granted and defendants permitted to answer within ten days from date of entry of order on payment of ten dollars costs to the plaintiff. No opinion. Present — Clarke, P. J., Dowling, Finch, McAvoy and Martin, JJ.