Majority
p. 830Harry Brill, Respondent, v. James S. Clifford, Sr., Defendant, Impleaded with Fifty-Second Street Operating Corporation, Appellant.
Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant, appellant, to answer within twenty days from service of order upon payment of said costs, on the ground that there was sufficient pleaded to show an express agreement by defendant Clifford to employ this plaintiff. Present — Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.; Sherman, J., dissents.