
    Elizabeth M. Rogers, Respondent, v. Atlantic, Gulf and Pacific Company, Appellant.
    Reported below, 152 App. Div. 916.
    (Submitted January 6, 1913;
    decided January 14, 1913.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 11, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages alleged to have been occasioned through the defendant’s negligence in starting fire and permitting it to spread on to plaintiff’s land.
    The motion was made upon the grounds that the judgment of the Appellate Division was unanimous, the exceptions frivolous and the appeal taken merely for purposes of delay.
    
      Erskine C. Rogers for motion.
    
      Charles Irving Oliver opposed.
   Motion denied, with ten dollars costs.  