Majority
p. 698Odaline Simons Daniels, for and on Behalf of Herself and All Stockholders of the Sawpits Realty Corporation, Similarly Situated, Respondent, v. Anthony Steinmetz and Others, Defendants, Impleaded with Joseph Von Bevern, Appellant.
Order denying motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Young, Kapper and Tompkins, JJ., concur; Davis, J., concurs on the ground that whatever remedy appellant had was under rule 102 of the Rules of Civil Practice, and not under rule 112. No grounds for dismissal based on the latter rule were presented in the motion papers.