Burke v. Travelers' Insurance — 215 N.Y. 686

Majority

p. 686

Edward H. Burke et al., Appellants, v. The Travelers’ Insurance Company, Respondent.

(Submitted May 24, 1915;

decided June 1, 1915.)

Headnote

Burke v. Travelers'1 Ins. Go., 166 App. Div. 971 , appeal dismissed.

.Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 3, 1915, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action on contract.

The motion was made upon the ground that the Appellate Division had unanimously decided that the findings of fact were supported by evidence; that the exceptions presented no question of law for review and that the appeal was frivolous.

p. 687

C. P. Moser for motion.

George McMillan opposed.

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