
    GALLAGHER, Appellant, v. WALSHKAHL CONST. CO., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    November 23, 1910.)
    Action by Richard Gallagher against the Walsh-Kahl Construction Company.
   No opinion. Judgment modified, by striking therefrom the words “upon the merits,” and, as so modified, judgment and order unanimously affirmed, without costs to either party.  