
    John H. Foley, Respondent, v. Utica Sanitary Milk Company, Appellant.
    
      Foley v. Utica Sanitary Milk Co., 134 App. Div. 955, affirmed.
    (Argued February 22, 1911;
    decided March 14, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 8, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for services.
    
      James II. Merwin for appellant.
    
      P. II. Fitzgerald for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner and Chase, JJ. Dissenting; Yann and Willard Bartlett, JJ.  