Majority
p. 1017Mandel G. Shulman, as Administrator with the Will Annexed of Morris Shulman, Deceased, Respondent, v. First Bank & Trust Company of Utica, Defendant, and Rolu Theatre Corporation, Appellant.
Order affirmed, with $10 costs and disbursements. All concur. (Appeal from an order denying a motion by defendant theatre corporation for a dismissal of the amended complaint under rules 106 and 107 of the Rules of Civil Practice, in an action to compel defendants to account to plaintiff for all assets and income from property belonging to defendant theatre corporation.) Present — Taylor, P. J., MeCurn, Kimball, Piper and Wheeler, JJ.