Opinion
October 29, 1947.
Present — Dowling, Harris, McCurn, Larkin and Love, JJ.
Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: The complaint and the bill of particulars show that there was no compliance with section 215 High. of the Highway Law. It is immaterial whether the action was brought under subdivision 1 or 2 of such section 215. All concur; Dowling, J., not voting. (The order denies defendants' motion for judgment on the pleading and to dismiss plaintiff's complaint, in a negligence action.)