
    Michael Gienty, Appellant, v. Knights of Columbus, Respondent.
    Reported below, 126 App. Div. 984.
    (Submitted December 7,1908;
    decided December 15, 1908.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 14, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to recover upon a certificate of insurance.
    The motion was made upon the ground that the judgment of the Appellate Division was unanimous and not appealable to the Court of Appeals.
    
      William P. Gregg for motion.
    
      Thomas Watts opposed.
   Motion denied, with ten dollars costs.  