
    Francis M. Sutphen, Appellant, v. United States Trust Company of New York, Individually and as Trustee under the Will of Joseph Fisher, Deceased, Respondent.
    
      Sutphen v. U. S. Trust Co. of IT. Y, 150 App. Div. 928, affirmed.
    (Argued January 22, 1914;
    decided February 10, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1912, modifying and affirming as modified a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint in an action by a real estate broker to recover commissions.
    
      
      William TI. Hamilton and David B. Simpson for appellant.
    
      Robert Thorne for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Chase, Collin, Cuddebacic and Hogan, JJ. Not sitting, Miller, J.__  