
    Harvey Murdock, Respondent, v. Howard Gould, Appellant.
    Reported below, 120 App. Div. 888.
    (Submitted October 21, 1907;
    decided October 29, 1907.)
    Motion to dismiss an appeal from a judgment of the Appellant Division of the Supreme Court in the second judicial department, entered June 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    The motion was made upon the grounds that the action was one to recover for breach of contract for services; that the judgment of the Ajjpellate Division was unanimous and permission to appeal had not been given.
    
      Frederic H. Kellogg for motion.
    
      Kicoll, Ancible <$s Lindsay opposed.
   Motion denied, with ten dollars costs.  