
    VANDERVEER CROSSINGS v. EIERMAN REALTY & CONSTRUCTION CO.
    (Supreme Court, Appellate Division, Second Department.
    June 4, 1909.)
    Appeal from Speeial Term, Kings County.
    Action by Vanderveer Crossings against the Eierman Realty & Construction Company. From a judgment for plaintiff, defendant appeals.
    Reversed, and new trial granted.
    Argued before WOODWARD, JENKS, GAYNOR, RICH, and BURR, JJ.
    Andrew F. Van Thun, Jr., for appellant
    Charles C. Clark, for respondent.
   PER CURIAM.

Judgment reversed, and new trial granted, costs to abide the final award of costs, on the authority of Vanderveer Crossings v. Rapalje (decided herewith) 117 N. Y. Supp. 485.  