
    Joseph T. McMahon, Appellant, v. Cynthia E. Smith, Individually and as Executrix and Trustee under the Will of Josiah T. Smith, Deceased, et al., Respondents.
    
      McMahon v. Smith, 136 App. Div. 839, appeal dismissed.
    (Argued May 29, 1911;
    decided June 6, 1911.)
    Motion for leave to withdraw an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1910, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover broker’s commissions.
    The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.
    
      George W. McKenzie for motion.
    
      Louis Ehrenberg opposed.
   Motion denied and appeal dismissed, with costs and ten dollars costs of motion.  