
    A. Wimpfheimer & Bro., Inc., Appellant, v. Samuel Bienstock and Another, Respondents.
   Judgment and order modified by providing that the judgment rendered for the defendants and the dismissal of the complaint are not upon the merits, but solely for failure of proof, and as so modified affirmed, with costs to the respondents. No opinion. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.  