
    MAYHEW, Respondent, v. BOLDMAN, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 10, 1909.)
    In the matter of the summary proceedings brought by Joseph Mayhew against Edwin D. Boldman (proceeding No. 1).
   PER CURIAM.

Final order of the Municipal Court reversed, and new trial ordered, costs to abide the event, upon the ground that the decision is against the weight of the evidence.

BURR, J.,

votes to reverse, upon the ground that the petitioner failed to prove any agreement for the letting by him to the tenant, either at the date mentioned in the petition or at any other time.

MILLER, J., votes to affirm.  