Majority
p. 706Floyd Lewis, Respondent, v. Harm D. Veen, Appellant, Impleaded with Others.
Judgment modified by striking out the allowance of treble damages, on the authority of Arout v. Azar ( 219 App. Div. 260 ), and allowing the actual damages, $400, less the counterclaim of $100, thereby making the total damages $300, and as so modified unanimously affirmed, without costs. Present — Cochrane, P. J., Van Kirk, Hinman, McCann and Davis, JJ.