
    Abram B. Smart, Respondent, v. Merchants Mutual Automobile Liability Insurance Company, Appellant.
    
      Appeal — unanimous affirmance of judgment entered upon order granting motion to strike out answer and for judgment — appeal without permission dismissed.
    
    
      Smart v. Merchants Mut. Auto. Liability Ins. Co., 206 App. Div. 630, appeal dismissed.
    (Argued May 28, 1923;
    decided June 5, 1923.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 22,1923, unanimously affirming a judgment in favor of plaintiff entered upon an order of Special Term granting a motion to strike out the answer and for judgment in favor of plaintiff. The motion was made upon the ground that permission to appeal had not been obtained and that no constitutional question was presented by the record.
    
      Claude J. Banigan and Owen B. Augspu/rger for motion.
    
      John J. McBride opposed.
   Motion granted and appeal disnissed, with costs and ten dollars costs of motion.  