
    J. J. SPURR & SONS, Inc., v. EMPIRE STATE SURETY CO. et al, Defendants.
    (Supreme Court, Appellate Division, Second Department.
    October 25, 1907.)
    Action by J. J. Spurr & Sons, Incorporated, against the Empire State Surety Company and another.
   PER CURIAM.

The court is unable to decide this motion, as only four justices heard it, and one, on referring to the title of the action in consultation, finds himself disqualified.  