
    TOWNSEND, Respondent, v. VAN BUS-KIRK et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    June 5, 1900.)
    Action by Francis H. Townsend against Mary Van Buskirk and others, impleaded with Julia" Mary Snell.
   PER CURIAM.

The statute overlooked by counsel can be brought to the attention of the special term upon the new trial which has been ordered. All the rights of the plaintiff may thus be preserved. The omission is not deemed a sufficient reason for granting a new argument after a lapse of 2% -years and after so great a change as has taken place in the constitution of this court. Motion for reargument demeu. See 48 N. Y. Supp. 260.  