Majority
p. 763Joseph Prem, Respondent, v. Ivo Hoechle, Appellant.
Order denying defendant’s motion to dismiss the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from service of a copy of the order herein. The question is one that may only be disposed of upon the facts at a trial. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.