Majority
p. 757David Bodenstein, Individually, as a Stockholder of the Leverich Bond and Mortgage Corporation, a Domestic Corporation, and on Behalf of Himself and All Other Stockholders Similarly Situated, Respondent, v. “ Abraham ” Lyle Leverich, First Name Being Fictitious, True Name Unknown to Plaintiff, Appellant, and Leverich Bond and Mortgage Corporation, a Domestic Corporation, Defendant.
Order denying motion to dismiss amended complaint reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve a further amended complaint within ten days from the entry of the order herein. The amended complaint is involved and contains conclusions of law. Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.