
    Jeanette H. Kaplan et al., Respondents, v. Armin Herman, Appellant, and Interborough Rapid Transit Company, Respondent.
    (Argued December 3, 1931;
    decided January 5, 1932.)
    
      
      Leo C. Weiler, Max Ash and William E. Lowther for appellant.
    
      Jacob Kaplan for plaintiffs-respondents.
    
      B. H. Ames and James L. Quackenbush for defendant-respondent.
   On appeal by defendant Herman from the judgment in favor of plaintiffs, judgment affirmed, with costs. On appeal by the defendant Herman from the order granting new trial as to his co-defendant Interborough Rapid Transit Company, appeal dismissed, with costs on authority of Ward v. Iroquois Gas Corporation (258 N. Y. 124).

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.  