Majority
p. 672Anthony De Guilio, Appellant, v. Charles Miller et al., Respondents.
Plaintiff appeals from an order dismissing the complaint under rule 106 of the Rules of Civil Practice, on the ground that it does not state facts sufficient to constitute a cause of action, with leave to plead anew as to respondent Miller. Order unanimously affirmed, with $10 costs and disbursements; the amended complaint to be served within ten days from the entry of the order hereon. No opinion. Present — Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ.