
    George R. Birdsall, Jr., Respondent, v. William Plank, Appellant.
   Appeal from order denying defendant’s motion to dismiss the complaint in Ebel action on the ground that it did not state facts sufficient to constitute a cause of action. Order unanimously affirmed, with ten doEars costs and disbursements. Present — HiE, P. J., McNamee, Crapser, BEss and Heffernan, JJ.  