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