Majority
p. 727John W. Ely, Respondent, v. James W. Dolen, Appellant, Impleaded with Others.
Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs, on authority of Ely v. Dolen {ante, p. 726), decided herewith. Kelly, P. J., Manning, Kapper and Lazansky, JJ., concur; Young, J., dissents on the grounds stated in Ely v. Dolen (supra).