
    FISHER, Respondent, v. WAKEFIELD PARK REALTY CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    
      June 11, 1909.)
    Action by Anthony Fisher against the Wakefield Park Realty Oompany.
   PiER OURIAM.

As it appears from the moving papers that the affirmance by default on May 7th did not involve the merits, and another appeal is pending which does the motion to open the default is denied, ~~th costs.  