Williams v. Billington — 211 N.Y. 527

Majority

p. 527

Justus N. Williams, Respondent, v. Reno B. Billington et al., Appellants, Impleaded with Others.

Headnote

Williams v. JBillington, 150 App. Div. 439 , appeal dismissed.

(Submitted April 13, 1914;

decided April 21, 1914.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May Y, 1912, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to have a certain transfer of stock declared void and for an accounting.

The motion was made upon the ground of failure to serve the proposed case on appeal.

p. 528

Nicholas J. O'Connell for motion.

No one opposed.

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