
    DICKINSON, Respondent, v. TYSEN, Appellant, et al.
    (Supreme Court, Appellate Division, First Department.
    December 31, 1914.)
    Action by John J. Dickinson against David J. Ty-sen, impleaded with others. G. M. Pinney, of New York City, for appellant. L. J. Vorhaus, of New York City, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to an amount equivalent to a commission of 2% per cent., in which event the judgment, as so modified, and the order appealed from, are affirmed, without costs. Settle order on notice. See, also, 154 App. Div. 896, 138 N. Y. Supp. 1114.

LAUGHLIN and DOWLING, JJ., dissent, and vote to affirm.  