Beyer v. Bohnet — 210 N.Y. 615

Majority

p. 615

Meyer Beyer et al., Appellants, v. John Bohnet et al., Respondents.

Headnote

Reported below, 160 App. Div. 906 .

(Submitted February 24, 1914;

decided March 3, 1914.)

Motion for leave to withdraw an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 16,1914, which affirmed an order of Special Term directing trial of the issues in the above-entitled action before a referee.

The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.

Louis J. Althrug for motion.

James A. Timony and Richard J. Donovan opposed.

Motion granted on payment of costs that have accrued to entry of this order; costs to be taxed; upon failure to comply with these terms within twenty days the motion is denied, with ten dollars costs.