O’Gorman, J.
The defense of the nonjoinder of Betsy Shapiro, a necessary party defendant, is clearly established by the proofs. Apart from this point, however, the evidence amply supports the conclusion reached by the court below on the facts, and the judgment appealed from should not be disturbed. Beekman, P. J., and Giegerich, J., concur.
Judgment affirmed, with costs.