
    James Daly, Respondent, v. John R. Lee et al., Appellants.
    (Argued April 22, 1901;
    decided May 7, 1901.)
    
      Daly v. Lee, 39 App. Div. 188, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 5, 1899, sustaining plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial.
    
      George F. Yeoman for appellants.
    
      J. P. O’ Connor for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: O’Brien, Bartlett, Martin, Vann, Landon and Cullen, JJ. Dissenting: Parker, Ch. J.  