
    STEWART, Respondent, v. JEWELL STEEL & MALLEABLE CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 20, 1915.)
    Action by Maylie R. Stewart against the Jewell Steel & Malleable Company.
   PER CURIAM.

Order modified, so as to provide that the appeal from the City Court of Buffalo be dismissed, with $10 costs, and, as so modified, the order is affirmed, without costs of this appeal to either party. Held, that the Special Term should in the first instance have dismissed the appeal from the City Court; the statute not authorizing entry of any judgment on discontinuance of action in City Court upon plea that title to real property would come in Question.

KRUSE, P. J., dissents, and votes for reversal of the order and denial of the motion.  