
    Second Department,
    October, 1908
    Charles Aichmann, Respondent, v. The People’s Trust Company, Respondent, Impleaded with Eugene B. Howell, as Receiver of The Long Island Real Estate Exchange and Investment Company, Appellant.
    Appeal by the defendant, Eugene B. Howell, as receiver, etc., from a judgment of the Supreme Court, entered in the office of the clerk of Kings county on the 30th day of August, 1907, upon the decision of the court at Special Term.
   Woodward, J.:

The facts in this case, as found by the court, supported by the evidence, are, in substance, the same as those involved in the case of Barnes v. Long Island Real Estate Co. (88 App. Div. 83), and the decision of the court below being in conformity with that case, we discover no reason fora reversal of. the judgment. The judgment appealed from should be affirmed. Jenks, Hooker, Gaynor and Miller, JJ., concurred. Judgment affirmed, with costs.  