Majority
p. 954Charles A. Starbuck, Plaintiff, v. Evelyn W. Smith and Mabel F. Monk, Defendants.
Motion for new trial dismissed, without costs, upon the ground that an order having been entered at Trial Term denying plaintiff’s motion for a new trial, his exceptions cannot now be heard here in the first instance. (Babad v. Colton Dental Association, 150 App. Div. 661 .) Jenks, P. J., Thomas, Carr, Stapletonand Mills, JJ., concurred.