Kraus v. Sondheim — 182 N.Y. 514

Majority

p. 514

Harry Kraus et al., as Executors of Henry P. Sondheim, Deceased, Respondents, v. Nella Sondheim, as Executrix of Samuel Sondheim, Deceased, Appellant.

(Argued May 29, 1905;

decided June 6, 1905.)

Headnote

Reported below, 102 App. Div. 615 .

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1,1905, affirming a judgment in favor of plaintiffs entered upon the report of a referee.

p. 515

The motion was made upon the grounds that the judgment of affirmance in the Appellate Division was unanimous, the exceptions frivolous, the appeal taken for purposes of delay and that permission to appeal had not been given.

Henry Brill for motion.

Charles J. Hardy opposed.

Motion denied, with ten dollars costs.