
    Riche v. Martin.
    (New York Common Pleas
    General Term,
    December, 1892.)
    Where plaintiff’s recovery is substantially the sum which defendant conceded due on trial, a motion by the latter for leave to appeal to the
    Comt of Appeals is without merit, and should be denied.
    Defendant’s motion for leave to appeal to the Court of Appeals.
   Bibchoff, 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 ten dollars costs.

Daly, Ch. J,, and Pbyob, J., concur.

Motion denied.  