
    Max Banwer, Respondent, v. Fill-Up Gasoline Station, Inc., Appellant.
   Order denying defendant’s motion to dismiss complaint affirmed, with ten dollars costs and disbursements. While we are of opinion that defendant had the right, under rule 106, to move 1jp dismiss the complaint at the time it made its motion, we are of the further opinion that the complaint states a cause of action. Young, Rich, Kapper, Lazansky and Hagarty, JJ., concur. 
      
       See Rules Civ. Frac, rule 106. — [Rep.
     