Order entered on August 15, 1960, denying defendant-appellant's motion to dismiss the complaint pursuant to rule 106 of the Rules of Civil Practice, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, and the motion granted, with $10 costs, with leave to plaintiff to serve an amended complaint, if so advised, within 20 days after service of a copy of the order entered herein, with notice of entry.
Under subdivision 2 of section 167...
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