
    Achille J. Oishei, Respondent, v. Pennsylvania Railroad Company, Appellant, Impleaded with Another.
    (Argued May 20, 1907;
    decided May 28, 1907.)
    Reported below, 117 App. Div. 110.
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    The motion was made upon the ground that the appeal was unauthorized as coming within the exceptions set forth in subdivision 2 of section 191 of the Code of Civil Procedure.
    
      Aohille J. Oishei for motion.
    
      Norman B. Beeoher opposed.
   Motion denied, with ten dollars costs.  