
    Henry H. Petze, Appellant, v. Morse Dry Dock and Repair Company, Respondent.
    
      Petze v. Morse Dry Dock & B. Co., 125 App. Div. 267, affirmed.
    (Argued May 6, 1909;
    decided May 20,1909.)
    Appeal from an 'order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12,1908, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for an alleged wrongful discharge from employment.
    
      William S. Maddox for appellant.
    
      Charles Haldane and Devoid McClure for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts ; no opinion.

Concur; Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: Cullen, Oh. J.  