
    Clara A. M. Greer, Appellant and Respondent, v. William H. Freystadt, Respondent and Appellant.
    
      Greer v. Freystadt, 133 App. Div. 939, affirmed.
    (Argued October 20, 1910;
    decided November 15, 1910.)
    ' Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 6, 1909, upon the submisiou of a controversy, under section 1279 of the Code of Civil Procedure, as to whether defendant as tenant was bound to reimburse the plaintiff as landlord for the cost of installing and operating certain ventilating apparatus required under the Labor Law. Plaintiff recovered the cost of operation only.
    
      Omri F. Hibbard for plaintiff, appellant and respondent.
    
      Benjamim. H. Stern for defendant, respondent and appellant.
   Judgment affirmed, without costs ; no opinion.

Concur: Gray, Haght, Yann and Werner, JJ. Dissenting : Cullen, Oh. J., and Chase, J.  