Reinheimer v. Cunningham — 186 N.Y. 595

Majority

p. 595

Herman Reinheimer, Respondent, v. Thomas Cunningham et al., Appellants.

Headnote

Seinheimer v. Cunningham, 113 A.pp. Div. 921, appeal dismissed.

(Submitted November 26, 1906;

decided December 4, 1906.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judi

p. 596

cial department, entered June 27, 1906, 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 grounds that the judgment was not appealable as of right and permission to appeal had not been granted.

William I). Sjporborg for motion.

Daniel Daly opposed.

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