Majority
p. 959Jerome Pratt, Respondent, v. Philip E. Costa et al., as Copartners Doing Business under the Name of Costa Brothers, Defendants, and Vincent Costa, as Administrator of the Estate of Philip Costa, Deceased, Appellant.
Appeal from an order granting summary judgment unless plaintiff-respondent served an amended complaint upon all parties. Order, insofar as appealed from, unanimously affirmed, with $10 costs and disbursements. Present — Hill, P. J., Heffernan, Brewster, Foster and Russell, JJ.