
    Joseph W. Poppenberg, Respondent, v. Leonard Moscato, Appellant.
   Order so far as appealed from reversed on the law and facts, with ten dollars costs and disbursements, and motion to restore denied. Order denying motion to dismiss action reversed on the law and facts, and motion granted, without costs. (See Wheeler v. Duell, 230 App. Div. 392; Lang v. Lanzel, 221 id. 833; Kellner v. Kener, 216 id. 244.) All concur. Present — Sears, P. J., Crouch, Taylor, Bdgcomb and Crosby, JJ.  