Jacobs v. Edelson — 180 N.Y. 517

Majority

p. 517

Solomon Jacobs, Respondent, v. Charles Edelson et al., Appellants, Impleaded with Others.

Headnote

Jacobs v. Edelson, 83 App. Div. 363 , appeal withdrawn.

(Submitted December 12, 1904;

decided December 16, 1904.)

Motion for leave to withdraw an appeal from an order of the Appellaté Division of the Supreme Court in the first judicial department, entered July 13, 1903, reversing a judgment-in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial.

The motion was made upon the ground that the reversal by the Appellate Division was upon the law and the facts, and,-therefore, not appealable to the Court of Appeals.

Jesse 8. Epstein for motion.'

Herman Aa/ron opposed.

Motion granted upon payment within ten days of all costs and disbursements in the Court of Appeals, including the argument fee and ten dollars costs of this motion. On failure to make such payment within ten days, the motion is denied, with ten dollars costs.

Cases cited

Jacobs v. Edelson 83 App. Div. 363 N.Y. App. Div. 1903-05-15 p. 517