Majority
p. 1111FLATOW, FLINN & CO., Inc., Appellant, v. AMERICAN MOTOR TRUCK CO. et al., Respondents. (Supreme Court, Appellate Division, First Department. April 30, 1915.)
Action by Flatow, Flinn & Co., Incorporated, against the American Motor Truck Company .and others. E. C. Crowley, of New York City, for appellant. A. L. Davis, of New York City, for respondents. No opinion. Judgment modified, by directing that the dismissal of the complaint is without prejudice to an action at law for a breach of the contract, and, as so modified, .affirmed, with costs to the respondents. Settle ■ order on notice.