
    Henry Yoos, Jr., an Infant, by Henry Yoos, His Guardian ad Litem, Respondent, v. Third Avenue Railway Company, Appellant.
    
      Appeal —■ motion to dismiss as frivolous denied.
    
    Reported below, 197 App. Div. 936.
    (Submitted January 30, 1922;
    decided February 3, 1922.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict.
    The motion was made upon the ground tha,t the appeal was frivolous.
    
      
      Milton Speiser for motion.
    
      Alfred T. Davison opposed.
   Motion denied, with ten dollars costs.  