
    Second Depabtment,
    January, 1953.
    (January 5,1953.)
    Rae Ferrell, Respondent, v. Hamlin F. Andrus, Appellant.
   Appeal by the defendant from an order denying a motion pursuant to subdivision 8 (now subd. 7) of rule 107 of the Rules of Civil Practice, to dismiss the complaint. Order affirmed, with $10 costs and disbursements. No opinion. Cars-well, Adel, Wenzel and MacCrate, JJ., concur; Nolan, P. J., not voting.  