The moving party does not bring himself within the rule as to rearguments laid down in Curley v. Tomlinson, 5 Daly, 283. The question as to the appealability of the order of the general term of the city court was the principal question before our general term. The appellant was advised by the opinion written in the city court, and printed in his own case, of that very question, and he had ample opportunity to be heard upon it. Motion denied, with ©10 costs. All concur.