
    ALFRED MARKS REALTY CO. v. SMITHSERRELL CO., Inc.
    (Supreme Court, Appellate Term, First Department.
    June 28, 1915.)
    Appeal from Municipal Court, Borough of Manhattan, First District Action by Alfred Marks Realty Ctimpany against Smith-Serrell Company. Judgment for plaintiff, and defendant appeals. Reversed, and complaint dismissed. Louis Bevier, Jr., of New York City, for appellant. John C. Judge, of Brooklyn, for respondent.
   PER CURIAM.

The cause of action in this case is based upon a contract exactly similar to the one in the case of Marks Realty Co. v. Churchills, reported in 153 N. Y. Supp. 264, and the judgment must therefore be reversed. Judgment reversed with costs, and complaint dismissed with costs.  