
    Paul Schmidt, Appellant, v. Medical Society of the County of New York, Respondent.
    (Submitted November 18, 1912;
    decided November 26, 1912.)
    
      Schmidt v. Medical Society of the County of New York, 142 App. Div. 635, appeal dismissed.
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 3, 1911, unanimously reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action for malicious prosecution.
    The motion was made upon the ground that the reversal by the Appellate Division was upon the facts and, therefore, not appealable to the Court of Appeals.
    
      Almuth C. Vandiver for motion.
    
      Denis A. Spellissy opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  