In an action to recover damages for inducing the breach of a contract, the appeal is (1) from an order dated December 20, 1956 granting respondents’ motion to dismiss the second amended complaint for insufficiency, pursuant to rule 106 of the Rules of Civil Practice, (2) from a resettled order dated January 30, 1957 granting said motions and directing the entry of judgment dismissing the second amended complaint upon the merits, and (3) from the judgment entered pursuant to the aforesaid resettled order dismissing said second amended complaint on the merits. The contract was between appellant and one Mufson, not a party to this action. Order dated January 30, 1957 modified by striking therefrom the last paragraph and by substituting therefor a provision that appellant may plead over, on payment of $10 costs. As so modified, order unanimously affirmed, with one bill of $10 costs and disbursements payable to respondents, and judgment vacated. The further amended complaint is to be served, if appellant be so advised, within 20 days after the entry of the order hereon. Appeal from order dated December 20, 1956 dismissed, without costs. By appealing from the order granting resettlement of the original order, appellant
