
    KELLY, Appellant, v. PENFIELD et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    April 7, 1911.)
    Action by Richard Kelly against James T. Pen-field and another.
   PER CURIAM.

Judgment (67 Misc. Rep. 272, 122 N. Y. Supp. 811) modified, by striking therefrom so much thereof as provides that defendant may pay to plaintiff $1,725, the present value of lot 97 as fixed by the court, together with the costs as taxed, being in consideration of, and to be paid upon, conveyance by plaintiff to defendant James T. Penfield of the title to said lot 97, and, as so modified, the judgment is affirmed, without costs.

HIRSCHBERG, J.,

votes to affirm upon the opinion of Mr. Justice Morschauser at Special Term.  