Baraschick v. Ritter — 207 N.Y. 773

Majority

p. 773

Abraham H. Baraschick, Respondent, v. Leo Ritter et al., Appellants.

Headnote

Reported below, 153 App. Div. 899 .

(Submitted March 10, 1913;

decided March 18, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 22, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for an alleged breach of contract.

The motion was made upon the grounds that the action was one to recover for breach of a contract specified in subdivision 2 of section 191 of the Code of Civil Procedure; that the decision of the Appellate Division was unanimous; that permission to appeal had not been obtained; that no question of law was involved, and that the exceptions were frivolous,

p. 774

Otto A. Samuels for motion.

Joseph Gans opposed.

Motion denied, with ten dollars costs.