Mendels v. Day — 198 N.Y. 552

Majority

p. 552

Emma W. Mendels, Respondent, v. Charles J. Day et al., Appellants.

Headnote

Wright v. Day, 135 App. Div. 915 appeal dismissed.

(Argued March 14, 1910;

decided March 22, 1910.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 6, 1909, affirming a judgment

p. 553

in favor of plaintiff entered upon a decree of the court on trial at Special Term in an action to set aside a mortgage.

The motion was made upon the ground that the appeal was frivolous.

De Witt Bailey for motion.

W. C. Beecher opposed.

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