
    Frederick W. Kookogey, Appellant, v. Charles A. O’Hara, Respondent, Impleaded with Others.
   The motion by plaintiff for summary judgment and to strike out the counterclaim is denied. The motion by defendant to dismiss the appeal, taken by plaintiff from the order of the Special Term, made March 14, 1925, is granted. The motion by defendant for judgment dismissing the complaint for failure to prosecute is denied.  