C. J. Dammann, Inc. v. Chase Bag Co.

Order entered December 14, 1964, granting a motion to dismiss the amended complaint unanimously modified, on the law, without costs or disbursements, so as to reinstate the second cause of action on the concession made upon argument that the motion was addressed to the face of the amended complaint only. As thus modified, the order is affirmed.

Concur — Botein, P. J., Breitel, Rabin, Eager and Staley, JJ.