
    Matthew McPhillips, Respondent, v. Mary Fitzgerald, as Executrix of James M. Fitzgerald, Deceased, Appellant.
    
      McPUülips v. Mtzgerald, 76 App. Div. 15, affirmed.
    (Argued December 8, 1903;
    decided January 5, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 6,1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for, a new trial.
    
      Herbert C. Smyth, Sumner B. Stiles and Isaac Fromme for appellant.
    
      Charles Strauss and Ed/ward Browne for respondent.
   . Judgment affirmed, with costs; no opinion.

Concur : Parker, Ch. J., Gray, O’Brien, Bartlett, Martin and Cullen, JJ. Absent: Haight, J.  