Wilson v. Standard Asphalt Co.

Van Brunt, P. J. (dissenting):

I dissent. The motion should have deen denied and the plaintiff left to begin a new action. Everything in this action is stricken out, except the summons, and the plaintiff is allowed, under the guise of amendment, to begin a new and entirely distinct action.

Order modified as directed in opinion, and as modified affirmed, without costs.