Deering v. Schreyer — 189 N.Y. 538

Majority

p. 538

James A. Deering, Appellant, v. John Schreyer et al., Respondents.

Headnote

Reported below, 120 App. Div. 872 .

(Argued September 30, 1907;

decided October 8, 1907.)

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

p. 539

department, entered July 31, 1907, modifying and affirming as modified a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

The motion was made upon the grounds that the action was one to recover for services; that the decision of the Appellate Division was unanimous and that permission to appeal had not been obtained.

Alexander Thain for motion.

John O. Toole opposed.

Motion denied, without costs.