
    Henry Weyand et al., Respondents, v. The Park Terrace Company, Appellant, Impleaded with Others.
    Reported, below, 135 App. Div. 821.
    (Argued March 14, 1910;
    decided March 22, 1910.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 2o, 1910, which affirmed a final judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and an interlocutory judgment, an order of reference and an order granting an additional allowance in an action to foreclose a mortgage.
    The motion was made upon the grounds that the questions involved had become academic; that the decision of the Appellate Division was unanimous ; that the appeal was taken for purposes of delay only, and that the appellant had failed to perfect said appeal.
    
      Frederick S. Jackson for motion.
    
      Emil Schneeloch opposed.
   Motion denied, with ten dollars costs.  