
    Denis Maher, Appellant and Respondent, v. Home Insurance Company of New York, Respondent and Appellant.
    
      Maher v. Home Ins. Oo., 76 App. Div. 622, affirmed.
    (Argued March 24, 1904;
    decided April 8, 1904.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1903, reversing a judgment in favor of defendant entered upon a dismissal of the complaint hy the court at a Trial Term without a jury and directing judgment for plaintiff in a specified sum.
    
      Louis Silberman for plaintiff, appellant and respondent.
    
      Franklim, M. JDa/naher for defendant, respondent and appellant.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, Bartlett, Haight and Martin, JJ. Dissenting: O’Brien and Cullen, JJ.  