
    John Niederstein, Jr., Respondent, v. Mary B. Cusick, Individually and as Executrix of Martin Cusick, Deceased, Appellant.
    
      Neiderstein v. Ousich, 126 App. Div. 409, affirmed. -
    (Argued May 13, 1909;
    decided June 1, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 29, 1908, 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 to compel specific performance of a covenant to renew a lease.
    
      William E. O. Mayer for appellant.
    
      Alfred J. Gilchrist and Jacob Neu for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Edward T. Bartlett, Haight, Werner, Willard Bartlett, Hiscook and Chase. JJ. Absent: Cullen, Oh. J.  