
    GREEN, Appellant, v. FITZPATRICK, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    November 24, 1909.)
    Action by Bryan G. Green against Eugene Fitzpatrick.
   No opinion. Judgment of the Municipal Court modified, by adding a provision making the dismissal “without prejudice to a new action,” and, as so modified, affirmed, without costs of this appeal.  