Opinion
November, 1928.
Present — Dowling, P.J., Merrell, Finch, O'Malley and Proskauer, JJ.; Finch, J., dissents and votes to dismiss the appeal on the ground that the action has abated. ( Gorlitzer v. Wolffberg, 208 N.Y. 475, 478.)
Order affirmed, with ten dollars costs and disbursements. No opinion.