
    DAYTON et al., Respondents, v. KIMBALL, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    February 24, 1911.)
    Action by Ralph E. Dayton and Joseph Montgomery, copartners, etc., against John W. Kimball.
   PER CURIAM.

Judgment of the Municipal Court modified, by striking therefrom the words “adjudged that the counterclaim of the defendant herein be and the same hereby is dismissed on the merits,” on the ground that, with consent of the plaintiffs, the counterclaim was withdrawn from the consideration of the court, and, as so modified, the judgment is affirmed, without costs.  