Majority
p. 570Victor Spitzer, Respondent, v. Londa Realty Corp. et al., Defendants, and Albert Etingin et al., Appellants.
Order of July 14, 1959, which denied defendants’ motion under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the amended complaint, unanimously affirmed, with $10 costs and disbursements to the respondent. Concur — Botein, P. J., Breitel, Rabin, M. M. Frank and Valente, JJ.