
    FALK, Respondent, v. STARR, Appellant.
    (Supreme Court, Appellate Term.
    April 16, 1900.)
    Action by one Falk against one Starr, From a judgment in favor of plaintiff, defendant appeals.
    Affirmed.
    J. Rieger, for appellant. E. Lundgreen, for respondent.
   PER CURIAM.

We think this case was correctly disposed of by the court below on the authority of Bernheimer v. Herrman, 44 Hun, 110, decided in this department, and which, for that reason, we should follow rather than Sage v. Burton, 84 Hun, 267, 32 N. Y. Supp. 1122, elsewhere decided by a divided court. Judgment affirmed, with costs.  