| N.Y. App. Div. | May 16, 1961
Order entered on January 6, 1961, granting defendant’s motion, pursuant to rule 113 of the Rules of Civil Practice, to dismiss the complaint, and from the judgment entered thereon on January 9, 1961 dismissing the complaint and awarding costs in favor of the defendant and against the plaintiff in the sum of $25 unanimously affirmed, with costs to respondent. No opinion. Concur—Breitel, J. P., Rabin, Valente, Stevens and Eager, JJ.