
    The Rector, Church Wardens and Vestrymen of the Church of the Holy Apostles in the City of New York, Respondents, v. The New York Elevated Railroad Company et al., Appellants.
    Reported below, 31 App. Div. 47.
    (Submitted March 21, 1898;
    decided March 25, 1898.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 5, 1897, reversing a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on the merits on trial at Special Term, and granting a new trial.
    The motion was made upon the grounds that the order is not appealable under section 190 of the Code of Civil Procedure, and that appellants have not made the stipulation required by subdivision 1 of that section.
    
      James B. Ludlow for motion.
    
      Oha/rles A. Ga/rdiner opposed.
   Motion denied, with ten dollars costs.  