
    TREIB & BRODSKY, Inc., v. NORTH.
    (Supreme Court, Appellate Division, Second Department.
    October 22, 1915.)
    Action by Treib & Brodsky, Incorporated, against George A. F. North.
   PER CURIAM.

Controversy determined in favor of plaintiff and against defendant, and judgment directed accordingly, without costs, upon the ground that, under authority of De Peyster v. Murphy, 66 N. Y. 622, Lathers v. Keogh, 109 N. Y. 583, 17 N. E. 131, and Doonan v. Killilea, 87 Misc. Rep. 427, 149 N. Y. Supp. 832, affirmed simultaneously herewith, it must be held that the assessment installments due after the closing day were nevertheless, upon that day, an incumbrance within the meaning of the contract.

THOMAS, J., not voting.  