Weeks v. Dominy — 212 N.Y. 563

Majority

p. 563

Herbert A. Weeks, Respondent, v. Henry Dominy et al., Appellants, and Willard N. Baylis, Respondent, Impleaded with Others.

Headnote

Weeks v. Dominy, 161 App. Div. 414 , appeal dismissed.

(Submitted June 15, 1914;

decided June 18, 1914.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 25, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to determine a claim to real property.

The motion was made upon the ground of failure to file the required undertaking and otherwise prosecute the appeal.

p. 564

Lynn C. Norris and Edward M. Perry for motion.

Nicholas J. O'Connell opposed.

Motion granted and appeal. dismissed, with costs of appeal and ten dollars costs of motion, unless appellant files and serves undertaking and pays ten dollars costs within fifteen days. If this condition is not complied with, the motion will he granted.

Cases cited

Weeks v. Dominy 161 App. Div. 414 N.Y. App. Div. 1914-03-20 p. 563