Judgment and order affirmed, with costs, on opinion below.
All concur, except Martin, J., not sitting.
Seymour v. Spi'ing Forest Cemetery Assn., 4 App. Biv. 359, affirmed
(Argued October 25, 1898;
decided November 22, 1898.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 18, 1896, upon an order affirming a judgment in favor of defendants entered upon the report of a referee.
*698Edtoard K. Clark for appellant.
Israel T. Deyo and II. Fred Lyon for respondents.
Judgment and order affirmed, with costs, on opinion below.
All concur, except Martin, J., not sitting.
157 N.Y. 697
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