
    Lewis Van Allen, Respondent, v. Charles M. Peabody et al., as Executors of and Trustees under the Will of William H. Peabody, Deceased, Appellants.
    
      Van Allen v. Peabody, 126 App. Div. 924, affirmed.
    (Argued January 14, 1909;
    decided January 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 28, 1908, 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 commissions alleged to have been earned as real estate broker.
    
      William D. Van Pelt for appellants
    
      August Becker for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Werner and IIiscook, JJ. Not voting: Haight, J.  