
    Henry Arnow, Respondent, v. Carmel Realty Company, Appellant.
    Reported below, 177 App. Div. 899.
    (Submitted April 22, 1918;
    decided April 30, 1918.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1917, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover money paid on a contract for the purchase of real property.
    The motion was made upon the ground of failure to file the return on appeal.
    
      Simon 0. Pollock for motion.
    
      Max Monfried opposed.
   Motion denied.  