Majority
p. 861Michele Capobianco, as Administrator etc., of Nicholas Bianco, Deceased, Respondent, v. Henry A. Trussell, Sued Herein as Henry Trussell, Doing Business under the Firm Name and Style of Trussell Dress Company, Appellant, Impleaded with American National Bank and Trust Company and Bank of Yorktown, Respondents, and Gioseppina Bianco, Defendant.
Judgment in so far as appealed from unanimously affirmed, with costs. The complaint is deemed to be amended to conform to the proof. Present — Lazansky, P. J., Kapper, Hagarty, Tompkins and Davis, JJ.