Majority
p. 877Charles J. L. Simon, as Executor of George A. Simon, Deceased, Respondent, v. Emergency Hospital of the Diocese of Buffalo, Appellant, et al., Defendant.
Order unanimously affirmed, with $25 costs and disbursements. (Appeal from order of Erie Special Term denying the motion of defendant, Emergency Hospital of the Diocese of Buffalo, to drop it as a party defendant in the action.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.