Spiegel v. Lowenstein — 218 N.Y. 623

Majority

p. 623

Wolfe M. Spiegel, Respondent, v. Benjamin Lowenstein, Appellant.

Headnote

Reported below, 171 App. Div. 971 .

(Submitted April 10, 1916;

decided April 18, 1916.)

Motion to dismiss an appeal from a judgment of the ' Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for goods alleged to have been sold and delivered.

The motion was made upon the grounds that no question of law was involved; that the verdict upon which

p. 624

the judgment was entered was not directed by the court; that the Appellate Division had unanimously decided that there was evidence tending to support the verdict and that the exceptions were frivolous.

Lewis E. Mosher for motion.

I. Maurice Wormser, Alfred Frankenthaler and Benjamin Eisler opposed.

Motion denied, with ten dollars costs.