Dimon v. Whitcomb — 198 N.Y. 598

Majority

p. 598

Charles L. Dimon, Respondent, v. G. Henry Whitcomb, Appellant.

Headnote

Dimon v. Whitcomb, 136 App. Div. 939 , appeal dismissed.

(Submitted April 25, 1910;

decided May 3, 1910.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 9,1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a

p. 599

motion for a new trial in an action to recover on an alleged contract for services.

The motion was made upon the ground that the affirmance of the Appellate Division was unanimous and permission to appeal had not been obtained.

Charles II. Siudin.for motion.

Avery F. Cushman opposed.

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