
    Erie Railroad Company, Appellant, v. Charles H. Sells, Respondent, et al., Defendants.
   Order dismissing complaint as to respondent Sells upon the grounds that it fails to state facts sufficient to constitute a cause of action and that the court has not jurisdiction of the cause of action, reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The complaint states facts sufficient to constitute a cause of action against respondent Sells. (Wright v. Shanahan, 61 Hun 264; 83 Hun 615, mod. 149 N. Y. 495.) The Supreme Court has jurisdiction of the alleged cause of action. (Khynders v. Greene, 255 App. Div. 401; Pauchogue Land Cory. v. State Park Comm., 243 iN. Y. 15.) Hagarty, Acting P. J., Johnston, Adel and Sneed, JJ., concur; Nolan, J., not voting. [See 273 App. Div. 785.]  