Order denying motion to dismiss the complaint as to the defendant Burke upon the ground that he is not a proper or necessary party to the action, and that the complaint states no cause of action against him, affirmed on the law, with ten dollars costs and disbursements, on authority of Security Trust Co. v. Pritchard (201 App. Div. 142) and Wilson v. Brown (107 Misc. Rep. 167; affd., 190 App. Div. 926). Kelly, P. J., Rich, Jaycox, Manning and Kelby, JJ., concur.