Majority
p. 664Judson B. Wilds et al., as Executors of William W. Smith, Deceased, Respondents, v. Amzi L. Barber, Appellant. (Argued November 18, 1908; decided December 8, 1908.)
Headnote
Smith v. Barber, 117 App. Div. 939 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Febuary 15, 1907, affirming a judgment in favor of the plaintiffs, entered upon a verdict directed by the court and an order
p. 665
denying a motion for a new trial in an action to recover rent alleged to be due under a certain lease.
W. W. Niles for appellant.
Austen G. Fox, John M. Bowers and Latham G. Reed for respondents.
Judgment affirmed, with costs ; no opinion;
Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ