
    DOONAN et al., Respondents, v. KILLILEA et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    October 22, 1915.)
    Action by Daniel Doonan and another against Thomas Kfflulea and others.
   PER CURIAM.

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment (87 Misc. Rep. 427, 149 N. Y. Supp. 832) affirmed, with costs, on authority of De Peyster v. Murphy, 66 N. Y. 622. We do not understand that tins case has been expressly overruled or limited by Real Estate Corporation v. Harper, 174 N. Y. 123, 66 N. E. 660. See, also, 166 App. Div. 937, 151 N. Y. Supp. 1113.

THOMAS, J., not voting.  