William A. Halbe, Respondent, v. Samuel Adams and John Flanigan, Appellants

William A. Halbe, Respondent, v. Samuel Adams and John Flanigan, Appellants. (No. 2.) First Department, April 14, 1916. See head note in Halbe v. Adams, No. 1 (ante, p. 186). Appeal by the defendants, Samuel Adams and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of October, 1915, denying their motion for judgment on the pleadings consisting of a complaint, amended answer and reply. Jno. J. Adams, for the appellants. George H. Taylor, Jr., for the respondent. [MAJORITY — McLaughlin, J.:] McLaughlin, J.: This appeal is from an order denying a motion for judgment on the pleadings. The action was brought to recover rent alleged to be due for the month of April, 1915, and the questions presented are the same as those considered in Halbe v. Adams, No. 1 (172 App. Div. 186), decided herewith. For the reasons stated in the opinion in that case the order here appealed from is affirmed, with ten dollars costs and disbursements. Clarice, P. J., Smith and Davis, JJ., concurred; Dowling, J., dissented. Order affirmed, with ten dollars costs and disbursements.