Miller v. Campbell — 202 N.Y. 565

Majority

p. 565

Walter W. Miller, Respondent, v. Charles E. Campbell, Appellant.

Headnote

Reported below, 137 App. Div. 920 .

(Submitted May 15, 1911;

decided May 19, 1911.)

Motion for leave to withdraw an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 18, 1910, affirming a judgment in favor of plaintiff entered upon an order of Special-Term granting a motion for judgment on the pleadings.

The motion was made upon the ground that appellant desired to move at Special Term for leave to serve an amended and supplemental answer.

Elon R. Brown for motion.

Moses L. Littleton opposed.

p. 566

Motion granted on payment of taxable costs to date and ten dollars costs of motion within twenty days from the entry of this order; on failure to make such payment within the time specified, the motion is denied, with ten dollars costs.