Majority
p. 775Luis Di Fabrizzio et al., Respondents, v. Edward D. Clarity, Appellant.
On the court’s own motion, the decision of this court handed down December 1, 1947 (ante, p. 769), is amended to read as follows: Action to recover damages for the unauthorized use by defendant, a photographer, of pictures of plaintiffs for trade purposes. Order denying defendant’s motion to dismiss the complaint on the ground it does not state facts sufficient to constitute a cause of action,
p. 776
affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. (Holmes v. TJnderwood é Underwood, Inc., 225 App. Div. 360 .) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.