
    John Fallon, as Administrator of the Estate of Michael Fallon, Deceased, Appellant, v. William C. Howard, Respondent.
    (Argued November 29, 1905;
    decided December 15, 1905.)
    
      Fallon v. Howard, 95 App. Div. 639, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered ■June 11, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    
      Edward J. McCrossin for appellant.
    
      Frederic W. Hinrichs and Alfred E. Hinrichs for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.  