
    The Village of Upper Nyack, Appellant, v. R. Dickinson Jewett, Respondent.
    
      Village of Upper Nyack v. Jewett, 86 App. Div. 254, affirmed.
    (Argued February 22, 1905;
    decided March 14, 1905.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 12, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, and granting a new trial.
    
      Arthur S. TompMns for appellant.
    
      jRalph E. Prime for respondent.
   Order affirmed and judgment absolute ordered for defend. Unt on the stipulation, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.  