
    Julius Levine, Respondent, v. Gustavus A. Goldsmith, Appellant, Impleaded with Others.
    Exceptions sustained, interlocutory judgment reversed, and decision and order of reference vacated, and new trial granted, with costs to defendant to abide event.—Motion for a new trial at Appellate Division upon exceptions after interlocutory judgment, pursuant to section 1001 of the Code of Civil Procedure, and also an appeal from the interlocutory judgment which was entered in the clerk’s office of the county of New York on the 29th day of August, 1901, upon the decision of the court, upon a trial of the issues and the report of a referee.
   Per Curiam:

For the reasons stated in the opinion in the case of Levine v. Goldsmith, (ante, p. 204), the exceptions should be sustained, the interlocutory judgment reversed and the decision and order of reference vacated, and a new trial granted, with costs to defendant to abide event. Present —Van Brunt, P. J., Patterson, O’Brien and Laughlin, JJ.  