
    Samuel V. Hoffman et al., as Trustees under the Will of Eugene A. Hoffman, Deceased, Respondents, v. Samuel V. Abel, Appellant, Impleaded with Others.
    
      Hoffman v. Abel, 103 App. Div. 597, affirmed.
    (Submitted March 22, 1906;
    decided April 6, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 3, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
    
      William L. Stone, Jr., for appellant.
    
      Paúl B. Towns and William II. Harris for respondents.
   Judgment affirmed, with costs, and $1,000 damages awarded by way of costs for the delay, under subdivision 5 of section 3251 of the Code of Civil Procedure; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.  