Decker v. O'Brien — 151 N.Y. 662

Majority

p. 662

Paul G. Decker, Respondent, v. John E. O’Brien, Appellant.

Headnote

Reported below, 1 App. Div. 81 .

(Argued January 18, 1897;

decided January 26, 1897.)

Motion for leave to file a return and to place on the calendar an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, rendered in 'January, 1896, which affirmed a judgment of the Court of Common Pleas for the city and county of Flew York in favor of plaintiff, entered upon the report of a referee, and also to. vacate a proforma order dismissing the appeal for failure to-file the return.

Matthew Daly for motion.

Jeroloman & Arrowsmith opposed.

Motion granted on the payment by the appellant of one. hundred dollars costs to respondent, and if the same shall not be paid within twenty days after service of the order, then, the motion is denied, with ten dollars costs.