Majority
p. 916RalphE. Dayton and Joseph Montgomery, Copartners, etc., Respondents, v. John W. Kimball, Appellant.
Judgment of the Municipal Court modified by striking therefrom the words “adjudged that the counterclaim of the defendant herein be and the'same hereby is dismissed on the merits,” on the ground that, with consent of the plaintiffs, the counterclaim was withdrawn from the consideration of the court, and as so modified the judgment is affirmed, without costs. Jenks, P. J., Burr, Thomas, Carr and Rich, JJ., concurred.