
    Bernard Zivi, Resp’t, v. Elias Einstein and Louis Nelke, App’lts.
    
      (City Court of New York, General Term,
    
    
      Filed November 25, 1892.)
    
    Appeal from judgment entered on order striking out answer as sham.
    
      
      James Murphy, for resp’t; Townsend, Dyett & Einstein, for app’lts.
   Ehrlich, Ch. J.

The judgment entered herein must be affirmed, with costs, on opinion filed this day on affirming the order herein.

Fitzsimons, J., concurs.

Newburger, J.

(dissenting).—The judgment entered herein should be reversed, with costs, on opinion filed this day by me, • on the appeal from the order herein.

Judgment affirmed, with costs.  