
    SMITH, Respondent, v. SMITH, Street Com'r, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    October 8, 1909.)
    Action by Alfred B. Smith against Benjamin B. Smith, as Street Commissioner, etc.
   No opinion. Motion for leave to appeal to the Court of Appeals granted, and questions certified as proposed by the respondent. See, also, 116 N. Y. Supp. 1071.  