¶1Order affirmed. Same memorandum as in Bennett v. Thomas (38 A D 2d 682) decided herewith. All concur, Witmer, J., in result only. (Appeal from order of Erie Special Term denying motion to dismiss complaint, without prejudice.) Present — Marsh, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.
38 A.D.2d 683
Bennett v. Thomas
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-12-09
Decided 1971-12-09