
    Harry Levin, Respondent, v. Frank M. Hill et al., Defendants, and William R. Rose, Appellant.
    
      Levin v. Hill, 117 App. Div. 472, affirmed.
    (Argued October 7, 1908;
    decided October 28, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover an amount paid as consideration for the assignment of a contract for the sale of certain real property.
    
      Benjamin G. Paskus for appellant.
    
      William Goldsticker and Henry M. Flateau for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  