
    ELLIOTT, Respondent, v. NILES et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    April 3, 1914.)
    Action by George .F. Elliott against William W. Niles and another, copartners, etc.
   PER CURIAM.

Judgment reversed, and new trial granted, costs to abide the event, on the ground that the evidence does not warranty a finding that more than 10 days were necessarily spent in the business of the reference, unless within 20 days plaintiff stipulate to reduce the recovery of damages to the sum of $200, in which event the judgment, as modified, is unanimously affirmed, without costs. See, also, 157 App. Div. 933, 142 N. Y. Supp. 1117.  