Nugent v. Brooklyn Heights Railroad — 209 N.Y. 515

Majority

p. 515

Arthur A. Nugent, Appellant, v. The Brooklyn Heights Railroad Company, Respondent.

Headnote

Nugent v. Broolyn Heights R. R. Co., 154 App. Div. 953 , appeal dismissed.

(Submitted June 2, 1913;

decided June 10, 1913.)

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

p. 516

judicial department, entered January 15, 1913, which affirmed a final judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to and directing a dismissal of the complaint in an action to recover for the loss of services of an infant by reason of personal injuries alleged to have been sustained through the negligence of defendant.

The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous and that permission to appeal had not been obtained.

D. A. Marsh and George D. Yeomans for motion.

William E. Butler opposed.

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