
    James A. Leary and Another, Copartners, Doing Business under the Firm Name and Style of Leary & Fullerton, Respondents, v. Charlotte Lipkind, Appellant.
    
    
      
       Appeal dismissed, 253 N. Y.-.
    
   Order affirmed, with ten dollars costs and disbursements, on the ground that the irregularity in giving notice of the reference did not affect a substantial right of the defendant for she had actual notice thereof and did not appear and make objection; and had made default in appearing on the trial at which the reference was granted. (See Civ. Prac. Act, § 105.) Van Kirk, P. J., Hinman, Davis and Hill, JJ., concur; Hasbrouck, J., dissents.  