Majority
p. 586Renault Freres Selling Branch, Inc., Respondent, v. Sewall & Alden, Appellant. (Submitted September 28, 1914; decided October 6, 1914.)
Headnote
Reported below, 163 App. Div. 896 .Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1914, affirming a judgment in favor. of plaintiff entered upon a verdict in an action to recover for work performed and materials furnished.
The motion was made upon the ground that the action was one for services; that the affirmance by the Appellate
p. 587
Division was unanimous and that permission to appeal had not been obtained.
Henry Hoelljes for motion.
Joseph H. Allen opposed.
Motion denied, with ten dollars costs.