
    Lazarus Levy, Respondent, v. Simon Popper, Appellant.
    
      Levy v. Popper, 106 App. Div. 394, affirmed.
    (Argued November 26, 1906;
    decided December 11, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 22,, 1905, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial in an action to recover a balance alleged to be due to plaintiff for. certain stock purchased for defendant’s account.
    
      Charles F. Willimns and Eustace Conway for appellant.
    
      F. Sjñegelberg for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent: O’Brien, J.  