
    George Derr, Appellant, v. Patrick H. Kearney, Respondent.
    
      Derr v. Kearney, 110 App. Div. 889, affirmed.
    (Argued November 21, 1907;
    decided December 10, 1907.)
    Appeal from a judgment of tlie Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1905, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action to foreclose a mechanic’s lien.
    
      John Mtilholland for appellant.
    
      Joseph Fettretch and B. B. Kelly for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ.  