
    John Shanley, Appellant, v. David M. Koehler, Respondent.
    
      Shanley v. Koehler, 80 App. Div. 566,' affirmed.
    (Argued February 23, 1904;
    decided March 15, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 13, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
    
      'Michel Ei/rtla/nd and John Conville for appellant.
    
      Arnold Charles Weil for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Martin, Yann and Werner, JJ.  