
    William Werner, Respondent, v. The City of New York et al., Appellants.
    
      Appeal-—-judgment of modification.
    
    Reported below, 189 App. Div. 910.
    (Submitted June 1, 1920;
    decided June 8, 1920.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1919, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived.
    The motion was made upon the ground that the decision of the Appellate Division was unanimous and that the modification was not of such a nature as to warrant the appeal under subdivision 1 of section 190 of the Code of Civil Procedure.
    
      Jeremiah T. Mahoney and J. Archer Hodge for motion.
    
      John P. O’Brien, Corporation Counsel (John F. O’Brien of counsel), opposed.
   Motion denied, with ten dollars costs.  