
    Eligio Mendizabal, an Infant, by Thomas E. Summers, his Guardian ad Litem, Respondent, v. New York Central and Hudson River Railroad Company, Appellant.
    
      Mendizabal v. AT. T. O. & H. B. B. B. Go., 89 App. Div. 386, appeal dismissed.
    (Submitted May 9, 1904;
    decided May 17, 1904.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1904, affirming a judgment in favor of plaintiff 'entered upon a verdict and an order denying a motion for a new trial.
    The motion was made upon the ground that the judgment of affirmance having been unanimous the Court of Appeals had no jurisdiction to entertain the appeal.
    
      Cornelius O' Connor for motion.
    
      Charles C. Pauldvng opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  