Order entered on October 6, 1960, which dismissed the complaint on the ground that it did not state a cause of action, unanimously affirmed with leave to plaintiff to serve an amended complaint within 10 days after service of a copy of the order herein with notice of entry and payment of $20 costs and disbursements to the respondents. Concur — Breitel, J. P., Valente, McNally, Stevens and Steuer, JJ.