Bennett v. Thomas ( 1971 )

Order 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.