Saitch v. Kelley — 211 N.Y. 606

Majority

p. 606

Joseph Saitch, Respondent, v. Elmer W. Kelley, Appellant.

Headnote

Reported below, 162 App. Div. —.

(Submitted June 1, 1914;

decided June 9, 1914.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover money paid.

The motion was made upon the ground that the order of the Appellate Division was not appealable.

p. 607

Merle Lewis Sheffer for motion.

Charles B. Bechtold opposed.

Motion denied; motion to amend notice of appeal granted on payment of ten dollars costs.