
    McCAFFREY, Respondent, v. FOSTER et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    October, 1911.)
    Action by Patrick J. McCaffrey against Benjamin E. Poster and another.
   PER CURIAM.

Judgment affirmed, with costs.

McLENNAN, P. J.,

dissents upon the ground that, in order to entitle the plaintiff to recover, it was a prerequisite that he should procure the certificate of the architect that the building was completed and the full amount due, and the complaint not stating that fact, nor any proof being made in that regard, the plaintiff is not entitled to recover.  