Majority
p. 853Nicholas Carota, Appellant, v. Irving Max and Another, Respondents, Impleaded with Others.
Order of the County Court of Nassau county modified by striking therefrom the direction for a new trial, and as thus modified unanimously affirmed, without costs. (Papenmeyer v. Roddy, 145 App. Div. 579 .) Present — Kelly, P. J., Rich, Jaycox, Kelby and Kapper, JJ.