Appeal from order of Special Term, dismissing the complaint but granting leave to serve an amended complaint should be modified to strike out that portion which granted leave to serve an amended complaint and as so modified affirmed. See opinion in Ben Ali v. Moore-McCormack Lines ( ante, p. 462) decided herewith.
Concur — Peck, P.J., Cohn, Breitel, Bastow and Cox, JJ.