
    Solomon Ballin, Respondent, v. The Fourteenth Street Store, Appellant.
    
      Ballin v. Fourteenth Street Store, 123 App. Div,.’ 582, affirmed.
    (Argued May 4, 1909;
    decided May 18, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 11, 1908, modifying and' affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover for goods sold and delivered, defended on the ground that the contract of sale was void as being against public policy and in violation of section 384E of the Penal Code.
    
      Benjamin C. Paskus and Sydney Bernheim for appellant.
    
      Sydney W. Stern for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Edward T. Bartlett, Haight,' Yann, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.  