
    Milton Greenebaum, as Trustee, Respondent, v. Fleischmann Realty and Construction Company, Appellant.
    
      Greenebaum v. Fleiselmann Realty & O. Go., 133 App. Div. 945, appeal dismissed.
    (Submitted October 4, 1909;
    decided October 12, 1909.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19,1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover on a deficiency judgment.
    The motion was made upon the ground that the judgment was not appealable of right to the Court of Appeals; that permission to appeal had not been obtained, and that in any event the exceptions were frivolous.
    
      Samson Bachman and Theodore Baumeister for motion.
    
      Daniel P. Hays and Edwin D. Hays opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  