
    Donato Cassano, Plaintiff, v. George L. Brown, Defendant.
    First Department,
    December 1, 1911.
    See head note in Dippolito v. Brown {ante, p. 116).
    Motion by the plaintiff, Donato Cassano, for a new trial-Upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court on a trial at the New York Trial Term in April, 1911.
    
      Herbert C. Smyth [Samuel Mendelson with him on the brief], Weldon & Byrnes, attorneys, for the plaintiff.
    
      Charles Adkins Baker, for the defendant.
   Pee Curiam:

For the reasons stated in Dippolito v. Brown (148 App. Div. 116), decided herewith, the exceptions are sustained and a new trial granted with costs to plaintiff to abide the event.

Present — Ingraham, P. J., Clarke, Scott, Miller and Dowling, JJ.

Exceptions sustained and new trial granted, with costs to plaintiff to abide event. Order to be settled on notice.  