¶1(dissenting). I hesitate to say that a complaint, which seems to be understandable to my brethren, is unintelligible to me, but I must confess that to be the fact in this case. At least I can agree with Justice Botein that “Nowhere are there any allegations of ultimate fact that would sustain a finding that the contract was a device to avoid the usury law. Only conclusions to that effect are pleaded.”
¶21 vote to dismiss the complaint as insufficient, with leave to replead.
¶3Breitel, Prank and Valente, JJ., concur in decision; Peek, P. J., dissents and votes to dismiss with leave to replead in opinion; Botein, J., dissents and votes to reverse and dismiss in opinion.
¶4Order affirmed, with $20 costs and disbursements to the respondent.