
    William S. Anderson et al., Appellants, v. The New York and Harlem Railroad Company, et al., Respondents.
    Reported below, 136 App. Div. 939.
    (Submitted May 31, 1910;
    decided June 7, 1910.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1910, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to recover damages to premises caused by the erection of an elevated railroad structure in the street. '
    The motion was made upon the grounds that the notice of appeal was not served in time; that the judgment of the trial court had been unanimously affirmed by the Appellate Division ; that the exceptions were frivolous and that the appeal was taken for purposes of delay only.
    
      Horace E. Leming and Alexander S. Lyman for motion.
    
      L. M. Berkeley opposed.
   Motion denied, with ten dollars costs.  