Majority
p. 770Austin Herzell, Respondent, v. “ Alfred ” Tyler Smith (the Name “ Alfred ” Being Fictitious, Defendant’s First Name Being Unknown to Plaintiff), Appellant.
Judgment in favor of the plaintiff against the defendant, a dentist, for malpractice, unanimously affirmed, with costs. No opinion. Young, Hagarty, Carswell and Tompkins, JJ., concur; Lazansky, P. J., not voting.