
    United Merchants’ Realty and Improvement Company, Appellant, v. New York Hippodrome, Respondent.
    
      United Merchants’ R. & Imp. Co. v. N. Y. Hippodrome, 133 App. Div. 582, affirmed.
    (Argued March 23, 1911;
    decided April 7, 1911.)
    Appeal, by permission, from a judgment entered July 30, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a determination of the Appellate Term reversing a judgment of the City Court of the city of New York in favor of defendant entered upon a dismissal of the complaint in an action to recover rent alleged to be due under a lease.
    
      S. H. Stroock, Charles Levy and E. F. Spitz for appellant.
    
      Benjamin N. Gardozo and William Klein for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Yann, Werner, Hiscook and Collin, JJ.  