Majority
p. 542Fannie E. Willson, Appellant, v. Faxon, Williams and Faxon, Respondent. (Submitted April 24, 1911; decided May 2, 1911.)
Headnote
Reported below, 138 App. Div. 359 .Motion for leave to withdraw an appeal from a judgment of the Appellate Division of the Supreme Court in
p. 543
the fourth judicial department, entered May 4, 1910, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover damages alleged to have been suffered by plaintiff through the defendant negligently selling her cathartic tablets containing calomel instead of cascara.
The motion was made upon the ground that the appeal had been inadvertently taken.
Charles Newton for motion.
Carlton E. Ladd opposed.
Motion granted on payment of costs and ten dollars costs of motion within twenty days; on failure to make such payment the motion is denied, with ten dollars costs.