
    Albert J. Picken, Respondent, v. Erskine D. Smith, Appellant, Impleaded with Others.
    
      Pichen v. Smith, 50 App. Div. 632, affirmed.
    (Argued November 27, 1901;
    decided December 17, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 31, 1900, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial.
    
      Morris Cohn, Jr., for appellant.
    
      Frcmk Brundage for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Parker, Ch. J., Cray, Bartlett, Haight, Martin, Yann and Werner, JJ.  