Christ v. Allard

'Morris, J.

This is a motion made by the plaintiff for an order amending a judgment in the above-entitled action in favor of the defendants Allard and Krisch by striking therefrom the allowance of costs of thirty-one dollars. On December 23,1936, the defendants Allard and Krisch made a motion to dismiss plaintiff’s amended complaint on the ground that said complaint did not state facts sufficient to constitute a cause of action as to those two defendants pursuant to rule 106, subdivision 5, of the Rules of Civil Practice and section 476 of the Civil Practice Act. This motion was granted and…