| N.Y. App. Div. | Jan 15, 1910
— It appearing that the justices qualifled to- sit in this appeal are equally divided and unable to render a decision herein, -said appeal is ordered transferred to' the -Appellate Division of- the Third Judicial Department, tobe there heard and determined, pursuant to section 331 of the Code of Civil Procedure. Spring, J.,- not sitting. ' ' ' _ : ' - ■