
    Martin Rothbarth et al., Appellants, v. Felix Herzfeld et al., Respondents.
    
      Rothbarth v. Herzfeld, 179 App. Div. 865, affirmed.
    (Argued February 28, 1918;
    decided March 19, 1918.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 22, 1917, which reversed an order of Special Term denying a motion for a dismissal of the complaint on the ground that two of the plaintiffs were non-resident alien enemies and granted said motion so far as to suspend the further prosecution of the action by the ■ plaintiffs during the continuance of the war.
    The following question was certified: “ Should the prosecution of this action be suspended during the continuance of the war? ”
    
      George H. Engelhard for appellants.
    
      William, N. Cohen and Bernard Naumburg for respondents.
   Order affirmed, with costs, and question certified answered .in the affirmative; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Pound and Andrews, JJ. Not sitting: Cardozo, J.  