American Press Ass'n v. Brantingham — 173 N.Y. 601

Majority

p. 601

American Press Association, Respondent, v. May Thorne Brantingham, Respondent, and Westchester Trust Company, Appellant.

Reported below, 75 App. Div. 435 .

(Argued January 5, 1903;

decided January 13, 1903.)

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

p. 602

department, entered November 19, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous, and a question of fact only was involved.

Alex Thain for motion.

Joseph J. Cunningham opposed.

Motion denied, without costs.