Majority
p. 748Second Depabtment, January, 1953. (January 5,1953.) Rae Ferrell, Respondent, v. Hamlin F. Andrus, Appellant.
Appeal by the defendant from an order denying a motion pursuant to subdivision 8 (now subd. 7) of rule 107 of the Rules of Civil Practice, to dismiss the complaint. Order affirmed, with $10 costs and disbursements. No opinion. Cars-well, Adel, Wenzel and MacCrate, JJ., concur; Nolan, P. J., not voting.