Butler v. Brooklyn Citizen — 193 N.Y. 597

Majority

p. 597

Annie Butler, Respondent, v. The Brooklyn Citizen, Appellant.

Headnote

Butler v. Brooklyn Citizen, 124 App. Div. 908 , appeal dismissed.

(Argued September 28, 1908;

decided October 6, 1908.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1908, modifying and affirming as modified k judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial in an action for libel.

The motion was made upon the ground that the judgment

p. 598

was not appealable to the Court of Appeals, the decision of the Appellate Division having been unanimous and permission to appeal not having been granted.

George E. Hargrave for motion.

Henry E. Heistad opposed.

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