Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of Special Term denying defendant’s motion to dismiss the complaint under rule 107 of the Rules of Civil Practice properly made? Present — Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ. [See 269 App. Div. 1059.]