Majority
p. 699Warner-Godfrey Company, Respondent, v. Triangle Waist Company, Inc., Appellant. (Argued May 22, 1916; decided May 30, 1916.)
Headnote
Warner-Qodfrey Co. v. Triangle Waist Co., Ine., 173 App. Div. —, appeal dismissed.Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in' the first judicial department, entered April 22, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for goods sold and delivered.
The motion was made upon the grounds that the appeal
p. 700
was frivolous and without merit, was not taken in good faith but solely for the purpose of delay.
Julius Henry Cohen and Theodore B. Richter for motion.
Max D. Steuer opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.