
    RUSSELL, Respondent, v. ERNESTNOETH DAIRY LUNCH CO., Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    January 8, 1913.)
    Action by Robert Russell against the ErnestNoeth Dairy Lunch Company, impleaded with others.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J.,

dissents, upon the ground that the plaintiff, having settled with the owner of the building, cannot recover against the tenant, a joint tort-feasor.  