
    George Landusky, Respondent, v. Edward C. Beirne, Appellant.
    
      Landusky v. Beirne, 80 App. Div. 272, affirmed.
    (Argued February 12, 1904;
    decided March 4, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 20, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    
      Lewis F. Carr and W. A. Parshall for appellant.
    
      Frcmli Lybolt for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur; Cray, O’Brien, Haight, Martin, Vann and Cullen, JJ. Absent: Parker, Ch. J.  