¶1— Appeal by defendant from order denying his motion to dismiss amended complaint pursuant to rule 106 of the Rules of Civil Practice or, in the alternative, to strike out paragraph 5 thereof pursuant to rule 103 of said rules. Order affirmed, with $20 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Lewis, P. J., Hagarty, Carswell, Johnston and Nolan, JJ., concur.
270 A.D. 821
Melvin v. Melvin
Decided February 18, 1946
Decided 1946-02-18