Majority
p. 842Edward Loso, Respondent, v. “ Philip ” A. Spain, First Name Fictitious True First Name Unknown to Plaintiff, Party Intended Residing at 911 Green Avenue, Brooklyn, N. Y., Appellant.
The decision of this court handed down on March 13, 1931,[1] is hereby amended to read as follows: Order denying defendant’s motion to dismiss complaint affirmed, with ten dollars costs and disbursements, with leave to defendant to serve an answer within five days from service of a copy of the order herein. No opinion. Lazansky, P. J., Kapper, Carswell, Scudder and Davis, JJ., concur.
* See ante, p. 832.— [Rep.