Charles Gerding, Jr., Respondent, v. Isaac K. Funk, Appellant

Charles Gerding, Jr., Respondent, v. Isaac K. Funk, Appellant. Reported below, 48 App. Div. 603. (Argued June 4, 1900; decided June 12, 1900.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department entered upon an order made March 13, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee. The motion was made upon the grounds that the action is one to recover compensation for services, and, therefore, not appeal-able to this court; that the decision of the Appellate Division was unanimous, and that court has not certified that a question of law is involved which should be reviewed by the Court of Appeals. Abram, Klmg for motion. William II. Bussell, William, B. Winslow and Frank H. Waggoner opposed. [MAJORITY] Motion denied, without costs.