
    Peter Martins, as Administrator of the Estate of Carroll H. Martins, Deceased, Respondent, v. Louis C. Gerken et al., Appellants.
    
      Appeal — order setting .aside verdict and granting new trial — affirmance by Appellate Division by divided court — appeal without permission to Court of Appeals dismissed.
    
    
      Martins v. Gerken, 206 App. Div. 664, appeal dismissed.
    (Submitted October 19, 1923;
    decided November 20, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 27, 1923, which affirmed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff as inadequate and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by the negligence of defendants-
    
      Henry C. Frey and William F. Ryan for appellants.
    
      Charles B. McLaughlin and Wallace S. Fraser for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  