
    Sarah E. Kelly, Respondent, v. The Home Savings Bank of the City of Albany et al., Appellants.
    (Argued October 7, 1905;
    decided October 24, 1905.)
    
      Kelly v. Home Savings Bank, 103 App. Div. 141 appeal withdrawn.
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 8, 1905, which reversed a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial.
    
      M. H. Merwin and William P. Rudd for appellants.
    
      Andrew J. Nellis for respondent.
   Appeal withdrawn on payment of costs of appeal in this court.

Concur: Cullen, Ch. J., Cray, Bartlett, Haight, Yann " and Werner, JJ. Absent: O’Brien, J.  