Majority
p. 744Charles F. Hart, Respondent, v. J. Cheever Cowdin, Appellant, and Albert Franke, Defendant.
Order denying motion of defendant Cowdin to dismiss complaint affirmed, with ten dollars costs and disbursements, with permission to said defendant to answer within ten days after the entry and service upon him of an order of affirmance, and without prejudice to the assertion of the defense of the Statute of Limitations.* Lazansky, P. J., Hagarty, Carswell, Scudder and Davis, JJ., concur.