
    David Pike et al., Copartners Doing Business as David Pike Assocs., Appellants, v. Walter Roell et al., Defendants, and Harry Berman, Doing Business as Dale Realty Co., Respondent. David Pike et al., Copartners, Doing Business as David Pike Assocs., Appellants, v. Walter Roell et al., Respondents, et al., Defendants.
    Supreme Court, Appellate Term, Second Department,
    January 10, 1957.
    
      
      David Friedman for appellants.
    
      Alexander Berman for Harry Berman, doing business as Dale Realty Co., respondent.
    
      Louis J. Castellano for Walter Roell and another, respondents.
   Per Curiam.

The judgment and order dismissing plaintiffs’ amended complaint as to defendant Berman should be unanimously reversed on the law, with $10 costs to plaintiffs as against that defendant, and motion denied. Appeal from order granting motion of defendants Walter and Matilda Roell to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action against them, dismissed, without costs. No judgment was entered on that order which itself is not appealable. (Nassau County District Court Act, § 190; L. 1939, ch. 274, as amd.) The amended complaint alleges a sufficient cause of action against defendant Berman.

Pette, Hart and Di Giovanna, JJ., concur.

Judgment and order reversed, etc.  