Order granting summary judgment dismissing the complaint for failure to state a cause of action, and the judgment entered thereon on April 12, 1966, unanimously affirmed, with $50 costs and disbursements to the respondents. (See Shapiro v. Health Ins. Plan, 7 N Y 2d 56, 61.) Concur—McNally, J. P., Stevens, Capozzoli and Witmer, JJ.