
    Herbert Hutchinson, Appellant, v. Sigmund Stern, Respondent.
    
      Hutchinson v. Stern, 115 App. Div. 791, appeal dismissed.
    (Argued October 29, 1907;
    decided November 1, 1907.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1906, which affirmed an order of Special Term striking out a portion of the complaint in an action to recover for an alleged assault.
    
      2L. F. Breen for appellant.
    
      John Gonboy and Leon Kauffman for respondent.
   Appeal dismissed, with costs; no opinion.

Concur : Cullen, Ch. J., Gray, O’Brien, Werner, Willard Bartlett and Chase, JJ. Absent: Yann, J. -  