
    ZACK, Respondent, v. COHEN et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    December 12, 1913.)
    Action by Theodore Zack, an infant, by Abraham Zack, his guardian ad litem, against Nathan Cohen and others.
   PER CURIAM.

Judgment and order unanimously affirmed, as against the defendant Cohen, with costs; judgment and order, as against the defendants Simon and Louis Halperin, reversed, and new trial granted, costs to abide the event, on the ground that there is no evidence that these two defendants were the owners of the premises, or in possession and control of the premises, alleged to have been negligently maintained.  