Kalish v. Higgins — 172 N.Y. 647

Majority

p. 647

Johanna Kalish et al., as Executors of Joseph Kalish, Deceased, Appellants, v. Luke Higgins et al., Respondents.

Headnote

Reported below, 70 App. Div. 613 .

(Argued November 10,1902;

decided November 18, 1902.)

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

p. 648

department, entered April 8, 1902, reversing a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term without a jury and granting a new trial.

The motion was made upon the ground that the only question involved was one of fact which is not reviewabie by the Court of Appeals.

M. J. Horan for motion.

Edward 0. Orrell, Jr., opposed.

Motion denied, with ten dollars costs.