
    Emanuel Polito et al., Constituting the Firm of Polito Brothers, Respondents, v. Guiseppe Pitriello et al., Appellants.
    Reported below, 132 App. Div. 903.
    (Submitted April 25, 1910;
    decided May 3, 1910.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27,1909, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.
    The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence and that the exceptions were frivolous.
    
      K. 0. McDonald for motion.
    
      Peter J. McGoldrick opposed.
   Motion denied, with ten dollars costs.  