Majority
p. 909Caesar A. Tronolone, Doing Business under the Assumed Name, etc., Respondent, v. B. C. Winchell, Whose First Name Is Unknown, Appellant, Impleaded with Another.
It appearing that the justices qualified to sit in this appeal are equally divided and unable to render a decision herein, the said appeal is transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 618 of the Civil Practice Act. Davis, J., not sitting.