Juliano v. Schettino — 218 N.Y. 718

Majority

p. 718

Stephen Juliano, Respondent, v. John Schettino et al., Appellants, Impleaded with Others.

Headnote

Reported below, 173 App. Div. —.

(Submitted June 5, 1916;

decided June 13, 1916.)

Motion to dismiss an appeal' from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 19, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to set aside a deed of real property.

The motion was made upon the grounds that the judgment of the Special Term was interlocutory; that the affirmance of the same by the Appellate Division was

p. 719

unanimous, and that permission to appeal had not been obtained.

William H. E. Jay, Jr., for motion.

James S. Darcy opposed.

Motion denied, without costs.