Majority
p. 834Victor Spevack, Respondent, v. Bedcro Realty Corporation and Others, Appellants, Impleaded with Charles Hartman and Another, Defendants. (Appeal No. 1.)
Order denying motion to dismiss the amended complaint and for judgment on the pleadings modified by providing for a dismissal of the first and third causes of action, and as so modified affirmed, without costs, for the reasons stated in Spevack v. Bedcro Realty Corporation, No. 2 (post, p. 834), decided herewith. Plaintiff may serve an amended complaint within ten days from the entry of the order herein. Lazansky, P. J., Kapper and Hagarty, JJ., concur; Young and Davis, JJ., dissent and vote to affirm.