
    KRUGER v. PERSONS et al.
    (Supreme Court, Appellate Division, Fourth Department.
    May Term, 1900.)
    Action by Edward H. Kruger against Henry H. Persons and another, as, etc.
   PER CURIAM.

Ordered that the order heretofore entered be corrected, so as to read as follows: “Order refusing leave to discontinue affirmed, with $10 costs and disbursements, and judgment modified, by striking therefrom the words ‘upon the merits,’ which modification is made upon the ground that the trial court did not have power to dismiss the complaint upon the merits; and the judgment (60 N. Y. Supp. 1078), as thus modified, affirmed, without costs of this appeal to either party. See 57 N. Y. Supp. 416, 1145, and 60 N. Y. Supp. 1071.  