Freund v. Behn , 47 N.Y.S.2d 198 ( 1944 )

Order modified by granting the motion to dismiss the first cause of action, and as so modified, affirmed without costs. No opinion. Settle order on notice. [See post, p. 983.]

Present — Martin, P. J., Townley, Untermyer, Dore and Callahan, JJ.; Martin, P. J., and Townley, J., dissent and vote to affirm; Dore and Callahan, JJ., dissent from so much of the order as affirms the denial of the motion to dismiss the second cause of action and vote for dismissal thereof in opinion by Dore, J.