
    Castle Brothers, Respondent, v. James Graham, Appellant.
    Reported below, 87 App. Div. 97.
    (Argued February 8, 1904;
    decided February 16, 1904.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 26, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
    
      The motion was made upon the ground that permission to appeal had not been granted by the appellate Division' nor by a judge of the Court of Appeals.
    
      Frank A. Doyle for motion.
    
      Diehard Krause opposed.
   Motion denied, with ten dollars costs.  