Majority
p. 738Ernest H. Wiener, Appellant, v. George S. Goodrich, Respondent.
Judgment and orders affirmed, with costs, but with leave to plaintiff to move to vacate judgment appealed from, and with leave to serve an amended complaint within ten days from service of judgment to be entered upon this order on payment of said costs and the costs awarded to the defendant by the judgment appealed from. No opinion. Present — Clarke, P. J., Dowling, Merrell, Finch and McAvoy, JJ.; Merrell, J., dissents.