Realty Protective Co. v. Earle — 191 N.Y. 519

Majority

p. 519

Realty Protective Company, Appellant, v. Lillie J. Earle, Respondent.

Headnote

Realty Protective Go. v. Earle, 119 App. Div. 890 , appeal dismissed.

(Argued February 17, 1908;

decided February 25, 1908.)

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

p. 520

ment, entered June 1, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the- complaint by the court on trial at Special Term in an action to impress a lien upon real property.

The motion was made upon the grounds that the action was one for services; permission to appeal had not been granted; that no question of law was involved; that the Appellate Division had unanimously decided that the findings of fact were supported by the evidence, and that the exceptions were frivolous.

Franklin G. Manley for motion.

George W. Mackellar opposed.

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