Majority
p. 948Harry A. Bickle, Respondent, v. Mary A. Joyce, as Administratrix, etc., Appellant.
reversed and motion denied, without costs, upon the ground that the action of the plaintiff in presenting his claim before the surrogate and the adjudication and allowance Thereof by the Surrogate’s Court, and the making of an order of distribution to pay the same, in effect was a discontinuance of the action in the County Court. All concurred.