
    Abner M. Harper, Incorporated, Respondent, v. The City of Newburgh et al., Appellants.
    (Argued February 23, 1915;
    decided March 3, 1915.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 1, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action in equity for relief from an error in a bid for public work.
    The motion was made upon the ground that the appeal was frivolous, the equitable relief granted being in the discretion of the court.
    
      Henry Hirschberg for motion.
    
      Graham Witschief opposed.
   Motion denied, without costs.  