Majority
p. 969254 Fifth Avenue Corporation, Respondent, v. Abe Kassin et al., Individually and as Copartners Doing Business as Kassin Bros., et al., Appellants.
Order unanimously modified so as to grant the motion to dismiss the complaint unconditionally, with leave however to plaintiff to move to vacate the dismissal upon proper papers containing a sufficient affidavit of merits; and, as so modified, the said order is affirmed, with $20 costs and disbursements to the appellants. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.