
    Harry Fischel, Respondent, v. Louis Lese, Appellant, Impleaded with Others.
    Reported below, 135 App. Div. 921.
    (Submitted April 25, 1910;
    decided May 3, 1910.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage.
    The motion was made upon the grounds that no questions of law were involved; that the'judgment was entered pursuant to a decision made and provided by section 1022 of the Code of Civil Procedure; that the affirmance by the Appellate Division was unanimous and that the exceptions were frivolous.
    
      Joseph A. Seidman for motion.
    
      John D. Connolly opposed.
   Motion denied, with ten dollars costs.  