Gulczynski v. Kirst , 249 N.Y.S.2d 1000 ( 1964 )

Order insofar as appealed from unanimously reversed, without costs of this appeal to any party and motion granted, without costs. Same memorandum as filed in companion case of Gulczynski v. Kirst (21 A D 2d 756). (Appeal from part of order of Erie Special Term which denied motion to dismiss complaint.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Veechio, JJ.