Majority
p. 949Nicola Grilli, Appellant, v. Michele Del Papa, Respondent.
Order affirmed, with ten dollars costs and disbursements. Ho opinion. Jenks, P. J., Thomas, Rich and Putnam, JJ., concurred; Burr, J., dissented upon the ground that none of the allegations of the complaint are made upon information and belief. If the words were uttered to the knowledge of plaintiff it must be the case that he was present and heard them.