Majority
p. 1050(January 4, 1945.) Bush Terminal Buildings Company, Respondent, v. Bush Terminal Railroad Company, Appellant.
Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of Special Term denying defendant’s motion to dismiss the complaint under rule 107 of the Rules of Civil Practice properly made? Present — Close, P. J., Hagarty, Carswell, Adel and Lewis, JJ. [See ante, p. 998.]