Morning Telegraph Co. v. City of New York — 196 N.Y. 516

Majority

p. 516

Morning Telegraph Company, Respondent, v. The City of New York, Appellant.

Headnote

Reported below, 132 App. Div. 634 .

(Submitted October 4, 1909;

decided October 12, 1909.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover payment for publication of certain election notices.

The motion was made upon the ground that the action was for services, the judgment of the Appellate Division unanimous, and, therefore, not appealable of right to the Court of Appeals, and that permission to appeal had not been obtained.

p. 517

Ernest W. Marlow and Thomas W. Churchill for motion.

Frcmicis K. Pendleton, Corporation Counsel (Theodore Connohy and Terence Farley of counsel), opposed.

Motion denied, with ten dollars costs.