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.