
    James R. Privitera, Respondent, v. Cornelius F. Sullivan, Appellant.
   Order affirmed, with $10 costs and disbursements. All concur. (Appeal from an order of Brie Special Term denying defendant’s motion to dismiss plaintiff’s complaint, without prejudice to renew at the trial at the close of plaintiff’s case.) Present — McGurn, P. J., Vaughan, Kimball, Wheeler and Van Duser, JJ.  