Majority
p. 619Emily E. Forster, as Administratrix of the Estate of William J. Forster, Deceased, Appellant, v. August Heckscher et al., as Receivers of Milliken Brothers, Respondents. (Submitted June 12, 1911; decided June 16, 1911.)
Headnote
Forster v. Heckscher, 143 App. Div. 947 , appeal dismissed.Motior to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 29, 1911, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
p. 620
The motion was made upon the ground that appellant had failed to serve the undertaking necessary to perfect the appeal.
Louis Cohn for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.