Flaherty v. Murray — 172 N.Y. 646

Majority

p. 646

Robert Flaherty, Appellant, v. John W. Murray, Defendant, and Title Guarantee and Trust Company, Respondent.

Headnote

Flaherty v. Murray, 60 App. Div. 92 , appeal dismissed.

(Argued November 10, 1902;

decided November 18, 1902.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial

p. 647

department, entered April 22, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.

The motion was made upon the grounds that the decision of the Appellate Division was unanimous and leave to appeal therefrom had not been granted.

Ha/rold Swam for motion.

A. S. Gilbert opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion.