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Ely Buell and Others v. S. S. Kresge Company
Order affirmed, with ten doHars costs and disbursements. AH concur, except DowHng, J., who dissents and votes for reversal and for granting the motion. (The order denies defendant’s motion to dismiss plaintiff’s first cause of action
[932] in an action under a lease.) Present —■ Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ. [177 Misc. 686.]