Appeal from order entered May 23, 1967, dismissed as academic, without costs or disbursements. Order entered August 10, 1967, unanimously modified, in the exercise of discretion, to the extent or permitting plaintiff to serve an amended complaint and otherwise affirmed, without costs or disbursements. On the present state of the record, the complaint is insufficient in law as against defendant Murray Glasser. There is however some indication that plaintiff may be able to state a legally sufficient cause of action if permission to amend is given. Accordingly, plaintiff will be given leave to serve an amended complaint within 20 days after service of a copy of the order to be entered hereon with notice of entry.
Concur — Botein, P.J., Stevens, Capozzoli, Tilzer and Rabin, JJ.