Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:
1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.
2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.
Concur — GRAY, O'BRIEN, BARTLETT and VANN, JJ.
Dissent — ANDREWS, Ch. J., HAIGHT and MARTIN, JJ.