Abraham Waterman, the Legal Owner and Holder of Bonds and/or Certificates of Deposit of One Hundred Fourth Street and West End Avenue Corporation, Suing Individually and in a Representative Capacity in Behalf of All Such Bond Owners and Holders of Certificates of Deposit as Are Similarly Situated, Appellant, Respondent, v. One Hundred Fourth Street and West End Avenue Corporation and Others, Defendants, Impleaded with Samuel J. Tilden Straus, Respondent, Appellant

Abraham Waterman, the Legal Owner and Holder of Bonds and/or Certificates of Deposit of One Hundred Fourth Street and West End Avenue Corporation, Suing Individually and in a Representative Capacity in Behalf of All Such Bond Owners and Holders of Certificates of Deposit as Are Similarly Situated, Appellant, Respondent, v. One Hundred Fourth Street and West End Avenue Corporation and Others, Defendants, Impleaded with Samuel J. Tilden Straus, Respondent, Appellant. [MAJORITY] Order reversed, with twenty dollars costs and disbursements to the plaintiff, and motion denied, with ten dollars costs. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.