Majority
p. 807Joseph S. Wheelwright, Respondent, v. George Hoehn, Appellant.
Order permitting plaintiff to discontinue, and granting his motion for judgment on the pleadings dismissing defendant’s counterclaim, reversed upon the law, with Ion dollars costs and disbursements, and motion denied, with ten dollars costs, upon authority of Hoehn v. Schenck [ante, p. 371], decided herewith. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.