
    DE SIMONE, Appellant, v. YONKERS R. CO., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 16, 1914.)
    Action by Catello De Simone against the Yonkers Railroad Company.
   PER CURIAM.

In view of the fact that the alleged stipulation was not made in oi~en court before the referee, it is doubtful whether it may be enforced under rule 11 of the court rules. We think that the motion should have been denied. The order is reversed, with $10 costs and disbursements, and the motion denied, without costs.  