Opinion
October, 1910.
Present — Ingraham, P.J., Clarke, Scott, Miller and Dowling. JJ.
The order should be modified by denying the motion to strike out that portion of the complaint which is comprised in the 4th paragraph thereof; and as so modified affirmed, without costs to either party.
Order modified as indicated in opinion, and as modified affirmed, without costs. Settle order on notice.