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Gerding v. Funk

163 N.Y. 592 Court N.Y. Decision date 1900-06-12 English

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p. 592
Charles Gerding, Jr., Respondent, v. Isaac K. Funk, Appellant.

Headnote

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
p. 593
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.

Motion denied, without costs.

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