Appellate Division of the Supreme Court of the State of New York June 21, 1935 (Harvey v. Comby)

Present — Lazansky, P. J., Carswell, Scudder, Tompkins and Johnston, JJ.

The following is the opinion of the court below:

Close, J.

Motion to dismiss the plaintiff’s amended complaint is granted. The first twenty-five paragraphs are the same as the original complaint. Paragraphs XXVI and XXVII are substantially the same.