
    SHELLEY v. FISH.
    (No. 6194.)
    (Supreme Court, Appellate Division, First Department.
    October 16, 1014.)
    Appeal from Special Term, New YOrk County. Action by Harry B. Shelley against Horace W. Fish. From an order granting defendant's motion to strike out certain parts of the complaint, plaintiff appeals. Modified and affirmed. Herman 5. Witte, of New York City, for appellant. William B. Conklin, of New York City, for respondent.
   PER CURIAM.

The order appealed from is modified by denying the motion to strike out the portion directed by said order to be stricken out in paragraph fifth of the complaint, and, as so modified, affirmed, without costs.  