Majority
p. 874Katherine Devine, Respondent, v. Donald Horne, Appellant, Arlen G. Swiger and Others, Respondents, and Others, Defendants.
Action by an assignee to enforce an attorney’s lien. Order denying motion to amend or resettle judgment so as to strike therefrom the words “ on the merits ” and to substitute therefor the words “ without prejudice,” with respect to the dismissal of a counterclaim, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ. concur.