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Miles M. O’Brien Et Al., Receivers of the Madison Square Bank, Appellants, v. Lawrence J. Fitzgerald, Impleaded, Etc., Respondent
Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:
1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.
2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.
Concur — Gray, O’Brien, Bartlett and Vann, JJ.
Dissent — Andrews, Ch. J., Haight and Martin, JJ.