
    Michael J. Kennedy, Appellant, v. National Jewelers’ Board of Trade, Respondent, Impleaded with Others.
    
      Kennedy v. Natl. Jewelers’ Bd. of Trade, 179 App. Div. 948, appeal dismissed.
    (Argued January 6, 1919;
    decided January 14, 1919.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 28, 1917, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    The motion was made upon ths ground that the plaintiff was deceased; that the action was one for malicious prosecution; that a motion to substitute the executor of the said plaintiff in his stead had been denied and that said cause of action had abated.
    
      C. 0. Fryer for motion.
    
      Robert E. Whalen opposed.
   Motion granted, without costs.  