
    Charles W. Cass et al., Appellants, v. Realty Securities Company et al., Respondents, Impleaded with Others.
    (Argued June 5, 1912;
    decided June 21, 1912.)
    Cass v. Realty Securities Co., 148 App. Div. 96, affirmed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which reversed an order of Special Term granting a motion by the plaintiffs for judgment in their favor upon the pleadings, and sustained demurrers to the complaint in an action to obtain the appointment of a receiver of the defendant Realty Securities Company, to restrain the paying out of any of its moneys and for a discovery and accounting of its affairs.
    
      The following questions were certified: “ 1. Does the complaint state facts sufficient to constitute a cause of action against the defendants or either of them ? 2. Are causes of action improperly joined ?”
    
      Walter H. Bond for appellants.
    
      Grenville Clark, Elihu Boot, Jr., and Henry W. Budd for respondents.
   Order affirmed, with costs; first question certified answered as follows: The complaint does not state a cause of action against the demurring defendants or either of them. Second question not answered; no opinion.

Concur: G-ray, Werner, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Cullen, Ch. J.  