Order dismissing complaint upon the opening of counsel modified by striking out the provision that the dismissal is upon the merits, and by inserting, in lieu thereof, the words: “ without prejudice to the commencement of a new action, if the plaintiff be so advised,” and as so modified affirmed, with costs. No opinion. Rich, Jaycox, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents.