
    Nicholas Engel, Doing Business under the Name and Style of John Fox & Co., Appellant, v. Interborough Rapid Transit Company and Others, Impleaded with The National Surety Company, Respondent.
   Judgment affirmed, with costs, with leave to plaintiff to serve amended complaint on payment of costs in this court and in the court below. Present — Clarke, P. J., Laughlin, Page, Shearn and Merrell, JJ.  