
    Ann Lee as Administratrix, etc., Respondent, v. The Vacuum Oil Company, Appellant.
    (Argued April 20, 1891;
    decided June 2, 1891.)
    Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a new trial.
    The following' mem. was handed down herein ;
    
      “ The court in another proceeding in this action, having held that the judgment appealed from was settled and extinguished by the agreement of the parties, have concluded to dismiss the appeal in this action without costs to either party.
    
      Theodore Bacon for appellant.
    
      John Vcm Voorhis for respondent.
    
      
      Lee v. Vacuum Oil Co., ante, p. 579.
    
   Per Curiam

mem. for dismissal of appeal-.

All concur.

Appeal dismissed.  