
    Frank T. Lawrence, Respondent, v. Alphonse Christlieb et al., Defendants, and Otto C. Heinze et al., Appellants.
    
      Lawrence v. Ohristlieb, 120 App. Div. 891, affirmed.
    (Submitted November 23, 1908;
    decided November 25, 1908.)
    Motion foi judgment by default, with costs, and a penalty for delay on appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for goods sold and delivéred.
    
      Morris J. Hirsch for motion.
    No one opposed.
   Motion granted and judgment affirmed, with costs by default, with ten per cent damages under subdivision 5 of section 3251 of the Code of Civil Procedure.  