Majority
p. 687Paul Bjelka, Appellant, v. M. & Z. Mizeson Realty Co., Inc., and Others, Respondents, Impleaded with William S. Hart, as Former Sheriff of Richmond County, Defendant.
Order and judgment reversed on the law and the facts, with ten dollars costs and disbursements, and motion to dismiss the amended complaint denied, with ten dollars costs. Defendants may answer within ten days from service of a copy of the order herein. In our opinion the complaint states facts sufficient to require a trial of the action. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.