
    Michael Rosa, Appellant, v. Bertha Volkening et al., Respondents.
    
      Rosa v. Volkening, 64 App. Div. 426, affirmed.
    (Argued December 9, 1902;
    decided January 6, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 23, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial.
    
      Franklin Pierce for appellant.
    
      A. T. Payne for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Haight and Cullen, JJ. Not voting : Bartlett and Vann, JJ.  