Heaney v. O'Brien Realty Co. — 208 N.Y. 579

Majority

p. 579

James A. Heaney, Respondent, v. O’Brien Realty Company, Appellant.

Headnote

Heaneys. O'Brien Realty Co., 154 App. Div. 905 , appeal dismissed.'

(Submitted April 14, 1913;

decided April 22, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second

p. 580

judicial department, entered January 6, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien.

The motion was made upon the grounds that the Appellate Division had unanimously found the findings of fact to be supported by the evidence; that no questions of law were involved and that the appeal was frivolous and prosecuted solely for delay.

Edward V. Earley for motion.

William J. Martin opposed.

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