
    Richard S. Peale et al., Appellants, v. Charles R. Benjamin, Defendant, and George C. Bartlett, Respondent.
    
      Peale v. Benjamin, 68 App. Div. 126, appeal dismissed.
    (Submitted April 7, 1902;
    decided April 15, 1902.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31,1902, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial.
    
      The motion was made upon the grounds that the appeal is frivolous, without merit and taken only for delay.
    
      John E. Judge for motion.
    
      James C. Lenney opposed.
   Motion granted and appeal dismissed, with costs.  