
    SCHMITT, Appellant, v. SIMON. Respondent.
    (Supreme Court, Appellate Division, First Department.
    October, 1909.)
    Action by Ignatz Schmitt against Kathinka M. Simon.
   PER CURIAM.

Order reversed, without costs, and motion granted on terms stated in memorandum. In default of compliance, order affirmed, with $10 costs and disbursements. Settle order on notice.

SCOTT, X, dissents.  