
    John Hurley, Appellant, v. Edwin Tucker et al., Respondents, and The Empire Brick and Supply Company, Appellant.
    
      Hurley v. Tucker, 128 App. Div. 580, affirmed.
    (Argued February 22, 1910;
    decided March 15, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1908, which affirmed a judgment of Special Term in an action to foreclose mechanics’ liens.
    
      Lamont McLaughlin for plaintiff, appellant.
    
      Benjamin F. Edsall for defendant, appellant.
    
      Grant O. Fox and Isidore Grayhead for respondents.
   Judgment affirmed, with costs ; no opinion.

Concur: Edward T. Bartlett, Haight, Vann and Chase, JJ. Dissenting: Cullen, Oh. J., Gray and Willard Bartlett, JJ.  