
    BARTON et al., Appellants, v. REYNOLDS et al., Respondents.
    (Supreme Court, Appel-, late Division, Fourth Department.
    October 8, 1913.)
    Action by Emma L. Barton and others against Jennie B. Reynolds and another, as administrators, etc.
   PER CURIAM.

Interlocutory judgment (81 Misc. Rep. 15, 142 N. Y. Supp. 895) modified, by striking out the words “upon the merits,’’ and, as so modified, affirmed, with costs, with leave to the plaintiff to amend within 20 days, upon payment of the costs of the demurrer and of this appeal.

FOOTE and MERRELL, JJ.,

dissent  