
    Mary A. Guilfoyle, Appellant, v. Catherine E. Pierce et al., Respondents.
    Reported below, 125 App. Div. 504.
    (Submitted January 4, 1909;
    decided January 12, 1909.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1908, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial.
    The motion was made upon the ground that pursuant to a written agreement theretofore entered into between the attorneys of the respective parties to the action, the litigation was to terminate with the decision by the Appellate Division.
    
      John M. Gardner for motion.
    
      Franklin Bien opposed.
   Motion denied, with ten^ dollars costs.  