
    Littlefield Stove Company, Appellant, v. The City of Albany, Respondent.
    Reported below, 145 App. Div. 951.
    (Submitted October 2, 1911;
    decided October 10, 1911.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 28, 1911, affirming a judgment in favor of defendant entered upon the report of a referee in an action to recover damages alleged to have been caused by the overflow of a sewer."
    The motion was made upon the grounds that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence; that the exceptions were frivolous and presented no question for review and that the appeal was taken merely for purposes of delay.
    
      Arthur L. Andrews, Corporation Counsel, for motion.
    
      John A. Delehanty opposed.
   Motion denied, with ten dollars costs.  