
    The New York, Lackawanna and Western Railway Company, Respondent, v. The Erie Railroad Company, Appellant, Impleaded with Another.
    
      N. T., L. & W. B. Go. v. Brie B. B. Go., 81 App. Div. 878, appeal dismissed.
    (Argued October 3, 1898;
    decided October 11, 1898.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, rendered at the June Term, 1898, reversing a judgment in favor of defendant entered upon a decision of the Monroe Special Term dismissing a petition under the Condemnation Law, Code of Civil Procedure, sections 3357 and 3360, to condemn a portion of defendant’s railroad.
    The motion was made upon the ground that the judgment is not appealable under subdivision 1 of section 190 of the Code of Civil Procedure.
    
      John Gr. Milburn for motion.
    
      Adelbert Moot opposed.
   Appeal dismissed, with costs.  