
    Gaetano D’Amato et al., Respondents, v. Annie V. Elkema et al., as Substituted Trustees under the Will of Mary A. Buskirk, Deceased, Appellants, Impleaded with Others.
    
      D'Amato v. Elkema, 165 App. Div. 927, affirmed.
    (Argued April 3, 1917;
    decided April 17, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1914, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial'at Special Term in an action to recover for labor performed and materials furnished predicated upon two written and sealed agreements between the plaintiffs as contractors and the executors of Mary A. Bus-kirk, deceased, providing for the alteration and improvement of certain buildings belonging to the estate.
    
      W. A. Purrington for appellants.
    
      Max Schleimer and Abraham B. Schleimer for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Collin, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  