
    Michael Delfino, Respondent, v. Marine Metal and Supply Company, Inc., Appellant.
   Judgment and order reversed and new trial granted, costs to abide the event, on the ground that it was error to deny the motion to dismiss the second cause of action; and on the further ground that the finding of damage in the first cause of action is contrary to the evidence. Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred; Carr, J., not voting.  