
    Clifford L. Miller, Appellant, v. Orlando W. Norcross, Doing Business under the Name of Norcross Brothers, Respondent, Impleaded with Others.
    
      Miller v. JSforci'oss, 126 App. Div. 905, affirmed.
    (Argued May 12, 1909;
    decided June 1, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term in an action to recover for material alleged to have been furnished.
    
      Cyrus C. Miller for appellant.
    
      Ceorge JJ. D. Foster and John C. Wait for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Edwaed T. Babtlett, Haight, Webneb, Willabd Babtlett, Hiscock and Chase, JJ. Absent: Cullen, Ch. J.  