
    DAYTON, Respondent, v. ELIXMAN, Appellant, et al.
    (Supreme Court, Appellate Division, Third Department,,
    December 30, 1909.)
    
      Action by Alice M. Dayton against Theodore Elixman, impleaded with others.
   PER CURIAM.

Interlocutory judgment affirmed, with, costs.

COCHRANE, J., dissents.  