
    Philip Herzog, Appellant, v. Barnett Shapiro et al., Respondents.
    Appeal by the plaintiff from a judgment, rendered in favor of the defendants in the Municipal Court of the city of New York, fifth district, borough of Manhattan.
    Louis B. Boudin, for appellant.
    Epstein Brothers, for respondents.
   O’Gorman, J.

The defense of the nonjoinder of Betsy Shapiro, a necessary party defendant, is clearly established by the proofs. Apart from this point, however, the evidence amply supports the conclusion reached by the court below on the facts, and the judgment appealed from should not be disturbed.

Beekman, P. J., and Giegerich, J., concur.

Judgment affirmed, with costs.  