Banks v. Nadler

Order granting motion of defendant-appellant to dismiss the complaint on the ground that it does not state facts sufficient to constitute a cause of action with leave to plaintiff to amend unanimously affirmed, without costs, with leave to the plaintiff to serve an amended complaint within ten days after service of order with notice of entry, upon payment of the ten dollars costs awarded at Special Term. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Dore and Cohn, JJ.