
    Elizabeth A. C. Mecum, Respondent, v. C. Adelbert Becker, Appellant, Impleaded with Others.
    
      Mecum v. Becker, 164 App. Div. 853, affirmed.
    (Argued May 25, 1915;
    decided June 8, 1915.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1914, which affirmed an order of Special Term denying a motion to vacate and set aside the judgment heretofore entered in an action for deceit. Plaintiff having released two of the judgment debtors in consideration of a sum of money paid by them this motion was "made by appellant on the ground that by operation of law he, likewise, was released from the judgment.
    The following question was certified: “Did plaintiff’s release herein under seal, dated July 27, 1914, for the stated consideration of $2,500 of the defendants Juan Mooyer and Russell Marston from the judgment herein, dated February 18, 1914, against them said Mooyer and Marston, and C. Adelbert Becker and Thomas Collins for the sum of $15,156.40, then being appealed from by the said Mooyer and Marston and by the said defendant Becker, separately, said release containing a reservation of plaintiff’s rights and claims against the said defendants C. Adelbert Becker and Thomas Collins, and the satisfaction of said judgment as against said defendants operate to discharge the said judgment against the said defendant C. Adelbert Becker and entitle him to have the said judgment vacated or satisfied of record ? ”
    
      Louis Marshall for appellant.
    
      Louis O. Van Doren and Herrick McClenthen for respondent.
   Order affirmed, with costs, and question certified answered in the negative; no opinion.

Concur: Willard Bartlett, Oh. J., Hisoocic, Collin, Ouddebaok, Hogan, Cardozo and Seabury, JJ.  