
    Richard Kelly, Respondent, v. James T. Penfield et al., Appellants.
    
      Kelly v. Penfield, 144 App. Div. 903, affirmed.
    (Argued November 27, 1912;
    decided December 17, 1912.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 11, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action by an abutting owner to restrain the obstruction of an alleged street.
    
      Henry Willis Smith and William T. Tomlinson for appellants.
    
      Rufus L. Weaver for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Chase and Collin, JJ.  