Judgment modified by striking out the words “ upon the merits,” and as so modified unanimously affirmed, without costs. No opinion. Present — Hirschberg, P. J., Jenks, Burr, Rich and Miller, JJ.
Judgment modified by striking out the words “ upon the merits,” and as so modified unanimously affirmed, without costs. No opinion. Present — Hirschberg, P. J., Jenks, Burr, Rich and Miller, JJ.