
    Harry Ferguson, Resp’t, v. Commonwealth Rubber Company, Def't. Merchants' Bank of Buffalo, App'lt.
    
      (Supreme Court, Appellate Division, First Department,
    
    
      Filed April 10, 1896.)
    
    Motion and order—Recitad,
    Where no leave to submit replying affidavits is asked or granted, their submission is improper and an order denying motion to recite them is. right.
    Appeal from an order denying a motion to amend an order-denying a motion to vacate, by reciting in the order replying; affidavits.
    Herman Aaron, for app'lt; Philip M. Brett, for resp’t.
   PER CURIAM.

No leave to submit replying affidavits was asked for or granted, and, as the submission of such was improper, the order denying motion to recite such was right, and should be affirmed, with $10 costs and disbursements.  