
    GOLDBERG v. MALZMAN et al.
    (Supreme Court, Appellate Division, Second Department.
    June 2, 1911.)
    Action by Samuel Goldberg against Pincus Malzman and others.
    Max Schleimer, for appellant. Spiro & Wasservogei (Abraham I. Spiro, of counsel), for respondents.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

JENKS, P. J., and WOODWARD, J.,

dissent, on the authority of Earle v. Beman, 1 App. Div. 136, 36 N. Y. Supp. 833.  