On appeal by defendants Alpert and Sherman, resettled order affirmed, with $10 costs and disbursements.
The first cause of action is substantially the same as the third cause of action which was held sufficient in Andrews v. Lebis (280 App. Div. 940 [two cases]); and it cannot be said, as a matter of law, that it is barred by the three-year Statute of Limitations contained in subdivision 7 of section 49 of the Civil Practice Act (cf. Andrews v. Lebis
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