
    Hajek Brothers and Company, Respondent, v. Theodore Starrett Company, Appellant, Impleaded with Others.
    (Submitted February 23, 1915;
    decided March 3, 1915.)
    Reported below, 165 App. Div. 986.
    Motion to dismiss an appeal from a judgment of the Appellate Division' of the Supreme Court in the first judicial department, entered December 80, 1914, affirming a judgment in favor of plaintiff entered upon a' decision of the court on trial at Special Term in an action to foreclose a mechanic’s'lien.
    The motion was made upon the ground that the judgment of affirmance was. unanimous, that permission to appeal had not been obtained and that the exceptions were frivolous.
    
      Woolsey A. Shepard for motion.
    
      Samuel D. Mathews opposed.
   Motion denied, with ten dollars costs.  