
    SMITH et al., Appellants, v. FIRTH et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    October 10, 1902.)
    Action by Samuel Smith and others against Christopher C. Firth and others.
   PER CURIAM.

Order of affirmance modified, by striking out the word “unanimously,” before the word “decided,” and inserting, after the word “decided,” the words, “Mr. Justice Bartlett sitting, but not voting.” The other portion of the motion, relative to an appeal to the court of appeals, is not passed upon, as the court understands that it has been withdrawn.  