
    Frank G. Smith, Respondent, v. First National Bank of Albany et al., Appellants.
    (Argued April 12, 1915;
    decided April 20, 1915.)
    Reported below, 164 App. Div. 905.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for an accounting.
    The motion was made upon the grounds that the Court of Appeals had no jurisdiction to review the unanimous judgment of the Appellate Division and that the exceptions were frivolous.
    
      Richard J. Donovan for motion.
    
      James F. Tracey and George Lawyer opposed.
   Motion denied, with ten dollars costs.  