
    Francis X. Zapf, Appellant, v. Lulu N. Carter, Respondent.
    
      Zapfv. Carter, 70 App. Div. 395, appeal dismissed.
    (Argued October 15, 1903;
    decided October 30, 1903.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 22,1902, reversing an interlocutory judgment in favor of plaintiff entered upon the report of a referee and granting a new trial.
    
      John Conboy for appellant.
    
      George G. Garter for respondent.
   Appeal dismissed, with costs; no opinion.

Concur : Pabkeb, Ch. J., Gbay, Baetlett, Haight, Mabtin and Vann, JJ. Not voting: O’Bbien, J.  