
    Walter L. Wilhelm, Respondent, v. Fuller and Warren Company, Appellant.
    
      Wilhelm v. Fuller & Warren Co., 120 App. Div. 904, appeal dismissed.
    (Argued January 8, 1908;
    decided January 14, 1908.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 28, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for anew trial.
    The motion was made upon the ground that the judgment of the Appellate Division was unanimous and so unappealable, permission to appeal not having been obtained.
    
      John P. Curley for motion.
    
      J. K. Long opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  