Majority
p. 921Emanuel Lester, as Assignee, Respondent, v. Edward J. Ennis, as Surviving Executor of Serge Rubinstein, Deceased, Appellant.
Order entered on May 19, 1960, denying defendant’s motion to dismiss the fourth amended complaint herein pursuant to subdivision 4 of rule 106, rule 103 and subdivision 5 of rule 107 of the Rules of Civil Practice unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Concur—Botein, P. J., Rabin, Valente, McNally and Eager, JJ.