Majority
p. 726The Popsicle Corporation of the United States and Joe Lowe Corporation, Respondents, v. Eskimo Pie Corporation and New York Eskimo Pie. Corporation, Appellants.
On appeal from so much of an order denying defendants’ motion to dismiss the complaint as denied defendants’ application to dismiss the complaint as against New York Eskimo Pie Corporation for insufficiency, order affirmed, with ten dollars costs and disbursements; answer to be served within ten days from the entry of the order hereon. Appeal from decision dismissed; an appeal does not lie. No opinion. Hagarty, Davis, Johnston and Taylor, JJ., concur; Lazansky, P. J., not voting.