Bollten v. New York Contracting Co. — 209 N.Y. 587

Majority

p. 587

Martin Bollten, Respondent, v. New York Contracting Company et al., Appellants.

Headnote

Reported, below, 156 App. Div. 900 .

(Submitted November 17, 1913;

decided November 25, 1913.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 29, 1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover damages to business and premises alleged to have been sustained through the construction of a subway in adjacent streets.

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

Ira Skutch for motion.

James A. Leering opposed.

Motion denied if defendants, within twenty days, stipulate that if judgment shall be affirmed in the case of

p. 588

Lincoln Safe Deposit Company v. City of New York, the respondent may take judgment of affirmance ex parte in this case. On failure to give such stipulation the motion to dismiss this appeal is granted and the appeal dismissed, with costs and ten dollars costs of motion.