Majority
p. 725Rose Singer et al., Respondents, v. Karl Matzer et al, Doing Business as Matzer Bros., Appellants.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County, dated December 9, 1959, denying their motion to dismiss the complaint on the ground that there is another action pending between the same parties for the same cause (Rules Civ. Prac., rule 107, subd. 3). Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldock, Christ and Brennan, JJ., concur.