
    Catherine Close, Respondent, v. William M. Calder Company, Appellant.
    
      Close v. Calder Company, 139 App. Div. 175, affirmed.
    (Argued October 24, 1911;
    decided November 21, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 8, 1910, in favor of plaintiff upon the sub-., mission of a controversy, under section 1219 of the Code of Civil Procedure, as to the marketabilty of the title to certain real property.
    
      Harry Percy David for appellant.
    
      James A. Sheehan for respondent.
   Judgment affirmed, with costs, on the authority of Loring v. Binney (38 Hun, 152; affd., 101 N. Y. 623); no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Chase and Collin, JJ.  