Franco v. Radt — 203 N.Y. 543

Majority

p. 543

Luigi Franco, Respondent, v. Max Radt, Appellant.

Headnote

Franco v. Radt, 145 App. Div. 918 , appeal dismissed.

(Submitted October 2, 1911;

decided October 10, 1911.)

Motion to dismiss an appeal from a judgment of the Appellate Division of. the Supreme Court in the first judicial department, entered June 24, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover the purchase price of a bond and mortgage.

p. 544

The motion was made upon the grounds that the Appellate Division had unanimously decided that the judgment was supported by the evidence; that the exceptions were frivolous and presented no questions of law for review and that the appeal was taken for purposes of delay.

Maxwell Slade for motion.

Emanuel Eschwege opposed.

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