Goldy v. Poughkeepsie Finishing Corp. (270 A.D. 802, 1946)

Order denying defendant’s cross motion to dismiss the first cause of action pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice, unanimously reversed, with $10 costs and disbursements to the appellant, and the motion granted, with leave to plaintiff to serve a further amended complaint within ten days after service of order with notice of entry, on payment of said costs. (See Slattery v. Cothran, 210 App. Div. 581.) Settle order on notice. Present — Martin, P. J., Glennon, Dore, Callahan and Peck, JJ.