
    Thomas S. Napier et al., Individually and as Members of the Firm of Napier & Keller, Appellants, v. Charles Spielmann et al., as Surviving Members of the Firm of Spielmann & Company, et al., Respondents.
    
      Napier v. Spielmann, 127 App. Div. 567, affirmed.
    (Argued November 15, 1909;
    decided November 30, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July lo, 1908, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover treble damages for an alleged forcible entry and detainer.
    
      J. Noble Hayes for appellants.
    
      Charles E. Jlushmore for respondents.
   Judgment affirmed, with costs, on opinion of Houghton, J., below.

Concur; Cullen, Cli. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ.  