Ellenbogen v. Thor Iron Co. — 185 N.Y. 531

Majority

p. 531

Samuel K. Ellenbogen, Respondent, v. Thor Iron Company, Appellant.

Headnote

Elleiibogen v. Thor Iron Co., 110 App. Div. 887 , appeal dismissed.

(Submitted April 16, 1906;

decided April 24, 1906.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department) entered December 16, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

The motion was made upon the ground that by reason of the unanimous affirmance by the Appellate Division no ques

p. 532

tion was presented which the Court of Appeals had jurisdiction to review.

Alexander S. Marcuson for motion.

William C. Campbell opposed.

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