
    TYNDALL, Respondent, v. PINELAWN CEMETERY, Appellant.
    (Supreme Court, Appellate Division, First Department.
    November 19, 1909.)
    Action by William D. Tyndall against the Pinelawn Cemetery.
    C. T. Terry, for appellant.
    J. M. Gardner, for respondent.
   PER CURIAM.

Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs. •Order filed.

CLARKE, J., dissents.  