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Cavallo v. Emmett

210 N.Y. 649 Court N.Y. Decision date 1914-04-03 English

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Majority

p. 649
Pasquale Cavallo, Suing on Behalf of Himself and Other Creditors of Giuseppe Maresca, Respondent, v. William T. Emmett et al., as Receivers of People’s Surety Company of New York, Appellants.

Headnote

Reported below, 161 App. Div. —.
(Submitted March 30, 1914;
decided April 3, 1914.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 6, 1914, affirming
p. 650
a judgment in favor of plaintiff entered upon the report of a referee in an action to recover on a surety bond.
The motion was made upon the ground that the judgment of affirmance was unanimous and the exceptions frivolous.
Jeremiah J. Coughlan for motion.
F. Sidney Williams opposed.

Motion denied, without costs.