Majority
p. 799Frieda Shulman, Appellant, v. Max Kass, Sued Herein as “ Samuel ” Kass and Others, Copartners, Doing Business under the Firm Name and Style of Kassmill Shirt Company, Respondents.
Order dismissing complaint affirmed, with ten dollars costs and disbursements, with leave to plaintiff to serve an amended complaint within ten days from the entry of the order herein. No opinion. Young, Kapper, Hagarty and Tompkins, JJ., concur; Davis, J., dissents and votes for reversal and a denial of the motion on the ground that the complaint states facts sufficient to establish a fiduciary relationship between the parties.