
    Robert Grafton, Respondent, v. John O. Ball, Appellant.
    Reported below, 164 App. Div. 70.
    (Submitted March 12, 1917;
    decided March 20, 1917.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1914, which reversed an order of the court at a Trial Term setting aside a verdict and granted a new trial and reinstated said verdict in an action on contract.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to review the order appealed from, it being discretionary.
    
      John B. Johnson for motion,
    
      A. P. Bachman opposed.
   Motion denied, with ten dollars costs.  