
    Pep-Boys Service, Inc., Respondent, v. Martino’s Building Corporation, Appellant.
    (Appeal No. 1.)
   — Order in so far as it denies defendant’s motion to dismiss the second cause of action reversed on the law and the facts, with ten dollars costs and disbursements, and motion to that extent granted, with ten dollars costs. In our opinion the complaint fails to state any cause of action. Lazansky, P. J., Young, Scudder, Tompkins and Davis, JJ., concur.  