Schrader v. Raymond , 274 A.D. 1037 ( 1949 )

As plaintiff may amend to state a cause of action against the defendants individually the order, so far as appealed from, is unanimously affirmed, with $20 costs and disbursements to the respondent, leaving the capacity in which the defendants may be proved to be liable to be determined at the trial. Present — Peck, P. J., Glennon, Dore, Callahan and Shientag, JJ.