
    Simon Herzig, as Surviving Partner of the Firm of Herzig Brothers, Respondent, v. New York Cold Storage Company, Appellant.
    
      Herzig v. N. Y. Cold Storage Co., 115 App. Div. 40, affirmed.
    (Argued October 24, 1907;
    decided November 19, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 8,1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for an alleged breach of contract.
    
      William, F. Goldbeck for appellant.
    
      Abram I. Elkus and Joseph M. Proskauer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Yann Werner» Willard Bartlett and Chase, JJ.  