
    Francis B. Robert, Appellant, v. David Kidansky, Respondent, Impleaded with Another.
    (Argued May 8, 1907;
    decided May 28, 1907.)
    
      Robert v. Kidansky, 111 App. Div. 475, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 17, 190(5, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to recover the amount of a deficiency judgment entered upon a foreclosure sale, the collection of the mortgage having been guaranteed by defendant.
    
      Edmund L. Mooney and Frederick A. Cardiov appellant.
    
      John Frankenheimer and Joseph C. Lem for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: G-ray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  