
    PECK, Appellant, v. FRENCH, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 28, 1907.)
    Action by Fannie F. Peck against Annie E. French.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide the event. Held, that the question whether the defendant was a subtenant or assignee of the lease was a question of fact for the jury.

KRUSE and ROBSON, JJ., dissent.  