Warrillow v. Bidwell — 201 N.Y. 537

Majority

p. 537

Alfred A. Warrillow, Appellant, v. Frank S. Bidwell, as Administrator of the Estate of Calvin P. Brown, Deceased, et al., Respondents.

Headnote

Warrillow v. Bidwell, 128 App. Div. 914 , appeal dismissed.

(Submitted February 13, 1911;

decided February 23, 1911.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20,1908, affirming a judgment in favor of defendants entered upon a verdict and an order denying a motion for a new tidal in an action to recover a sum of money paid as part of the purchase price of land at the time of entering into a contract to purchase the same.

The motion was made upon the ground that the judgment

p. 538

of tiie trial court was interlocutory only; that the judgment of the Appellate Division did not finally determine the action, and was, therefore, not appealable to the Court of Appeals.

Walter II. Knapp for motion.

Horace JE>. Warner opposed.

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