
    Prosper R. Ferrari, Appellant, v. Mary A. Racey, as Executrix of Robert H. Racey, Deceased, Respondent.
    
      Ferrari v. Baaey, 128 App. Div. 904, affirmed.
    (Argued December 7, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered'October 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to 'recover upon an .alleged agreement by defendant’s testator- to pay a certain sum of money for legal services.
    
      Charles E. Le Barbier for appellant.
    
      George H. Francoeur and John J. Dwyer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  