Shapiro v. Graham , 148 N.Y.S.2d 915 ( 1955 )

Judgment unanimously vacated and the order unanimously modified so as to grant the motion to dismiss, with leave to replead. On this record plaintiff should be given an opportunity to replead. Settle order on notice. Concur — Peek, P. J., Cohn, Botein and Cox, JJ. [See post, p. 804.]