NORTH v. CITY OF COHOES

This motion was for the dismissal of the complaint on the grounds that it failed to state facts sufficient to constitute a cause of action and the affidavits were properly refused. ( Merchants Loan and Investment Corp. v. Abramson, 214 App. Div. 252; Citizens Trust Company of Binghamton v. Merselis, 148 Misc. 676; affd., 244 App. Div. 845.) Orders affirmed, with costs. Crapser, Bliss, Schenck and Foster, JJ., concur; Hill, P.J., dissents.