
    KOROPJECK v. BOHACK.
    (Supreme Court, Appellate Division, First Department.
    January 30, 1914.)
    Appeal from Trial Term, New York County. Action by Tessie Koropjeck against Henry C. Bohack. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Affirmed. Marshall McLean, of New York City, for appellant. Louis Salant, of New York City, for respondent.
   PER CURIAM.

Judgment and order affirmed, with costs.

INGRAHAM, P. J., and McLAUGHLIN, J., dissent, on the ground that it was error to refuse to charge the defendant’s fifth request, which is as follows: “The fact that Bennet was . not called by either side raises no more presumption in favor of the plaintiff and against the defendant than it does in favor of the defendant and' against the plaintiff.’!  