Whinston v. Silwhin Enterprises, Inc.

—Order denying motion to dismiss the third cause of action set forth in the complaint affirmed, with ten dollars costs and disbursements. If it shall be established on the trial that the claim of the plaintiff belongs to the copartnership, a dismissal of the complaint must necessarily follow. It suffices on this appeal to say that that fact does not necessarily follow from a reading of the complaint. Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.