
    Meyer Rothschild, Appellant, v. Board of Education of the City of Rochester, Respondent.
   Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that for the purposes of the motion for judgment, the allegations of the complaint as to the corporate existence of defendant were controlling and such corporate existence must be presumed in the determination of the motion. All concurred, except Kruse, P. J., and Merrell, J., who dissented.  