
    TACK v. FITZSIMMONS et al.
    (Supreme Court, Appellate Division, First Department.
    January 26, 1912.)
    Action by Theodore E. Tack against Thomas P. Fitzsimmons and oth-, ers.
    D. McCurdy, for appellant.
    C. Monteith Gilpin, for respondents.
   PER CURIAM.

Judgment affirmed, with costs, with leave to plaintiff to serve amended complaint, on payment of costs in this court and in the court below. Order filed.

INGRAHAM, P. J„ and DOWLÍNG, J., dissent.  