
    Smith & McCrorken, Inc., Appellant, v. Chatham Phenix National Bank and Trust Company, Respondent.
    
      Appeal — order of Appellate Division reversing order granting motion for summary judgment and denying motion — appeal to Court of Appeals dismissed.
    
    
      Smith & McCrorken, Inc., v. Chatham Phenix Nat. Bank, 220 App. Div. 443, appeal dismissed.
    (Submitted December 13, 1927;
    decided January 10, 1928.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 6, 1927, which reversed an order of Special Term granting a motion by plaintiff for summary judgment and denied said motion.
    
      S. Leighton Frooks and Philip Krieger for appellant.
    
      Jacob Scholer and James S. Hays, for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  