Majority
p. 698William Culver, Appellant, v. Theodore Gloo et al., Defendants, and John Fessia, Respondent.
Judgment and order unanimously modified by striking the allowance of costs and disbursements, and as modified affirmed, without costs. (Appeal from judgment and order of Herkimer Trial Term dismissing the complaint on the merits as against defendant Fessia.) Present — Bastow, J. P., Henry, Del Veechio and Marsh, JJ.