
    Abram P. Tyson, Appellant, v. Edward M. Warder and Others, etc., Individually and as Copartners, etc., Respondents.
   The proceedings before the commissioner before whom the plaintiff was called were not of such a nature as to afford a basis for an action for malicious prosecution. Judgment and order unanimously affirmed, with costs. Present — Rich, Putnam, Blaekmar, Kelly and Jaycox, JJ.  