
    Jacob Cohen, Appellant, v. Herman Levine, Respondent.
   Order dismissing complaint upon the opening of counsel modified by striking out the provision that the dismissal is upon the merits, and by inserting, in lieu thereof, the words: “ without prejudice to the commencement of a new action, if the plaintiff be so advised,” and as so modified affirmed, with costs. No opinion. Rich, Jaycox, Kelby and Kapper, JJ., concur; Kelly, P. J., dissents.  