Dudley v. Vanderpoel — 190 N.Y. 520

Majority

p. 520

Marie Dudley, Appellant, v. Elizabeth B. Vanderpoel, Defendant, and Carroll Whitaker, Respondent.

Headnote

Reported below, 119 App. Div. 928 .

(Argued November 18, 1907;

decided November 26, 1907.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial . department, • entered May 29, 1907, which affirmed an order of Special Term imposing terms as a condition to the granting of a motion for substitution of attorneys.

Also motion on the part of appellant for leave to file a new and amended undertaking.

p. 521

The motion to dismiss was made upon the grounds that the appeal was not taken in time, and that a proper undertaking had not been filed.

■ Gcm'oll Whitaker for motion to dismiss.

Hollín Traey opposed.

Motion to dismiss appeal denied, without costs, and motion for leave to file a new and amended undertaking granted upon payment of ten dollars within ten days.