
    Michael J. Dady, Respondent, v. John H. O’Rourke, Appellant, Impleaded with Another.
    Reported below, 61 App. Div. 529.
    (Argued November 11, 1901;
    decided November 19, 1901.)
    .Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered" June 3, 1901, affirming a judgment- m favor of plaintiff entered upon a decision of the court on trial at Special Term.
    
      The motion, was made upon the ground that the question involved is simply academic.
    
      James C. Church for motion.
    
      L. Laflin'Kellogg opposed.
   Motion denied, with ten dollars costs.  