
    Jesse L. Whiteman, Respondent, v. Waring S. Weed et al., Appellants.
    Reported below, 50 App. Div. 603.
    (Submitted December 17, 1900;
    decided December 21, 1900.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1900, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the grounds that the exceptions taken at the trial were frivolous; that no question of law is involved and that the action is for damages for a breach of contract for services, and the decision of the Appellate Division is final and cannot be reviewed by tips court.
    
      S. M. Norton for motion.
    
      Ernest F. Kruse opposed.
   Motion denied, with ten dollars costs.  