
    BANK, Appellant, v. MARKOWITZ, Respondent.
    (Supreme Court, Appellate Division, First Department.
    November 9, 1900.)
    Action by Samuel Bank, by his guardian, against Herman Markowitz. From an order granting defendant’s motion to set aside judgment in favor of plaintiff and awarding a new trial (65 N. Y. Supp. 369), plaintiff appeals.
    Affirmed.
    Joseph Wilkenfeld, for appellant. Max Altmayer, for respondent.
   O’BRIEN, J.

For the reasons stated in the opinion of the court below, the order appealed from should be affirmed, with costs. All concur,. except VAN BRUNT, P. J., and IN-GRAHAM, J., who dissent.  