Majority
p. 880David H. Oberstein, etc., Appellant, v. David Lantinberg, Respondent.
Motion to dismiss appeal from order of May 1, 1916, granted, with ten dollars costs. This motion is granted without prejudice to the right of the plaintiff to appeal from the order of April 14,1916, if no written notice of entry thereof has been served upon his attorney. There is no proof of the fact of service of that notice in the moving affidavits. Present—Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ.