
    United Building Material Company, Respondent, v. The City of New York et al., Defendants, and Benjamin B. Odell, Jr., et al., as Receivers of Thomas McNally Company, Appellants.
    
      United Building Material Co. v. City of New York, 143 App. Div. 952, appeal dismissed.
    (Argued May 29, 1911;
    decided June 6, 1911.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 31, 1911, affirming a judgment in favor of plaintiff entered upon á decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.
    The motion was made upon the grounds that the Court of Appeals had no jurisdiction of an appeal by receivers appointed by the Supreme Court from a judgment of that court unanimously affirmed by the Appellate Division; that the appellants were not parties aggrieved; that the case presented no questions of law for review; that the exceptions were frivolous, and the appeal taken for purposes of delay.
    
      Hugh M. Hewson for motion.
    
      Clifford Couch opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  