
    Riche v. Martin.
    
      (Common Pleas of New York City and Count/y, General Term.
    
    December 5, 1892.)
    Appeal to Court of Appeals—When Leave Granted.
    Where plaintiff's recovery is substantially the sum which defendant conceded to be due him on the trial, a motion by defendant for leave to appeal to the court of appeals is without merit.
    Action by Pasqual Antonio Biche against Lawrence Martin. Verdict for plaintiff. Defendant moves for leave to appeal to the court of appeals. Motion denied.
    For decision on appeal, see 20 N. V. Supp. 693.
    Argued before Daly, C. J., and Bischoff and Pryor, JJ.
    
      Kellogg, Rose & Smith, (Abram J. Rose, of counsel,) for the motion. A. C. Astarita, opposed.
   Bischoff, J.

In view of the fact that plaintiff’s recovery is substantially the sum which defendant conceded to be due him on the trial, this motion seems to be without merit. Motion denied, with $10 costs.  