Majority
p. 768Fortune Gallo, Appellant, v. Titta Ruffo, Respondent.
Judgment modified by providing that the dismissal of the first cause of action is for failure of proof and not upon the merits, and as so modified affirmed, with costs to the respondent. No opinion. Present — Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ.