Opinion
December, 1912.
This order is affirmed for the reason that there is an interlocutory judgment herein. (See 155 App. Div. 252.) But the affirmance is not upon the merits, and is without prejudice to an application to the Special Term to set aside or to vacate or to open the interlocutory judgment, or the final judgment, if it has been entered herein, and for the relief sought for by this motion. Order affirmed, without costs. Jenks, P.J., Thomas, Carr, Woodward and Rich, JJ., concurred.