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Henry Steers, Inc. v. Hewlett Bay Co.

218 N.Y. 697 Court N.Y. Decision date 1916-05-30 English

Contents

Majority

p. 697
Henry Steers, Inc., Respondent, v. Hewlett Bay Company, Appellant.

Headnote

Reported below, 171 App. Div. 913 .
(Argued May 22, 1916;
decided May 30, 1916.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first
p. 698
judicial department, entered December 10, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover compensation for additional work and expense in the performance of a contract.
The motion was made upon the ground that the action was for services; that permission to appeal had not been obtained; that the appeal was frivolous, taken solely for delay, and that no proper return had been filed.
Charles Thaddeus Terry for motion.
Alfred T. Davison opposed.

Motion denied, without costs.