Judgment modified by striking therefrom the words “upon the merits,” and as so modified judgment and order unanimously affirmed, without costs to .Cither party. No opinion. Woodward, Burr, Thomas, Rich and Carr, JJ., concurred. •
Judgment modified by striking therefrom the words “upon the merits,” and as so modified judgment and order unanimously affirmed, without costs to .Cither party. No opinion. Woodward, Burr, Thomas, Rich and Carr, JJ., concurred. •