Kerr v. Sumnick , 35 N.Y.S.2d 720 ( 1942 )

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. We are of the opinion that section 51-a of the Civil Practice Act is applicable and that the defendant should be given the benefit thereof. Settle order on notice. Present ■ — ■ Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.