
    Judson B. Wilds et al., as Executors of William W. Smith, Deceased, Respondents, v. Amzi L. Barber, Appellant.
    
      Smith v. Barber, 117 App. Div. 939, affirmed.
    (Argued November 18, 1908;
    decided December 8, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Febuary 15, 1907, affirming a judgment in favor of the plaintiffs, entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover rent alleged to be due under a certain lease.
    
      W. W. Niles for appellant.
    
      Austen G. Fox, John M. Bowers and Latham G. Reed for respondents.
   Judgment affirmed, with costs ; no opinion;

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ  