Majority
p. 779Daniel Knowlton, Appellant, Respondent, v. Howard S. Gerken, Respondent, Appellant.
Appeal by defendant Gerken from part of a judgment dismissed, without costs, as academic in view of the decision on the appeal by the plaintiff filed March 10, 1937. [See 250 App. Div. 819 .] All concur. (Order entered May 3, 1937.) Present — Sears, P. J., Edgcomb, Crosby and Lewis, JJ.