Schlanger v. Cowan (5 A.D.2d 867, 1958)

Order denying motion to dismiss under rule 107 of the Rules of Civil Practice unanimously affirmed, with $20 costs and disbursements to the respondent on the ground that the motion was not timely made. (See Mossew v. To Market, Inc., 3 A D 2d 189.)

Concur — Botein, P. J., Rabin, Frank, Valente and McNally, JJ.