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Henry L. Bunin and Others, on Their Own Behalf and in Behalf of All Other Holders of Mortgage Certificates in Bond No. 370102 Issued by Title Guarantee and Trust Company and Guaranteed by Guarantee No. 181653 Issued by Bond and Mortgage Guarantee Company Who Are Similarly Situated and Who Shall Come in and Be Made Parties Hereto, and Contribute to the Expense of This Action v. Title Guarantee and Trust Company
Order denying motion to dismiss the complaint for insufficiency, or, in the alternative, to require plaintiffs to serve an amended complaint wherein the causes of action are properly united, affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from service of a copy of the order herein.
The complaint is sufficient for the plaintiffs named, as there is an allegation that these plaintiffs tendered their certificates to the defendant before the commencement of the action. This is a necessary prerequisite for the maintenance of the action. (Voehl v. Title Guarantee & Trust Co., 266 N. Y. 662.) Lazansky, P. J., Young, Carswell, Davis and Johnston, JJ., concur.