Judgment modified on the dissenting opinion of Ingraham, P. J., below, by striking out all the injunctive provisions thereof except the single provision enjoining the defendant corporation from using the name Stephen Merritt Company in the undertaking business. No costs of this appeal to either party.
Concur: Willard Bartlett, Ch. J., Chase, Hogan and Miller, JJ. Dissenting: Hiscock and Seabury, JJ. Not voting: Cuddeback, J.