
    Roosevelt L. Clark, Appellant, v. J. & C. Auditore, Inc., Respondent.
    
      Appeal — motion to dismiss appeal denied.
    
    Reported below, 216 App. Div. 842.
    (Submitted November 22, 1926;
    decided November 30, 1926.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 25, 1926, modifying and affirming as modified a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    The motion was made upon the ground that the appeal was not perfected within the time provided in section 592 of the Civil Practice Act.
    
      John B. Johnston for motion.
    
      John J. Kean opposed.
   Motion denied, with ten dollars costs. •  