GAIN v. DUNN

Motion to dismiss complaint on promissory note, under rule 112 of the Rules of Civil Practice. The plaintiff alleges a written statement by defendant as follows: "I have my good health — and if I can get going again the bankruptcy will mean nothing to me — every dollar I owe will be paid." This does not amount to a new promise. Order reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted. Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.