Majority
p. 756Elms Steaks & Chops, Inc., Appellant, v. Anna Fischer et al., Defendants, and Helen Gershowitz et al., as Executors and Trustees under the Will of Himan Fischer, Deceased, et al., Defendants-Respondents.
Order affirmed, with twenty dollars costs and disbursements, with leave to the plaintiff to serve an amended complaint within ten days after service of order, on payment of said costs and the ten dollars costs awarded at Special Term. No opinion. Present — Townley, Glennon, Untermyer, Dore and Callahan, JJ.; Untermyer, J., dissents and votes to reverse and deny the cross motion to dismiss. [See post, p. 807.]