Renault Freres Selling Branch, Inc. v. Alden 212 N.Y. 586

Renault Freres Selling Branch, Inc., Respondent, v. Sewall & Alden, Appellant.

Reported below, 163 App. Div. 896.

(Submitted September 28, 1914;

decided October 6, 1914.)

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 *587Division was unanimous and that permission to appeal had not been obtained.

Henry Hoelljes for motion.

Joseph H. Allen opposed.