
    John H. E. Sand, Respondent, v. Garford Motor Truck Company, Inc., Appellant.
    
      Appeal — unanimous judgment of modification by Appellate Division — motion to dismiss appeal therefrom denied.
    
    Reported below, 204 App. Div. 70.
    (Submitted April 16, 1923;
    decided April 24, 1923.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1923, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict.
    The motion was made upon the ground that' the decision of the Appellate Division was unanimous and that permission to appeal had not been obtained.
    
      Burt L. Rich for motion.
    
      Frank H. Towsley opposed.
   Motion denied, without costs and without prejudice to right to renew same at time of argument.  