
    Hoisting Machinery Company, Respondent, v. Federal Terra Cotta Company, Appellant.
    Reported below, 179 App. Div. 653, 926.
    (Submitted February 25, 1918;
    decided March 5, 1918.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action for goods sold and delivered and for work, labor and services.
    The motion was made upon the grounds that permission to appeal had not been obtained and that the appeal was taken merely for purpose of delay.
    
      E. J. Esselstyn and J. Ard Haughwout for motion.
    
      William W. Niles and Madison Grant opposed.
   Motion denied, with ten dollars costs.  