J. P. Duffy Co. v. Stapleton National Bank — 218 N.Y. 731

Majority

p. 731

J. P. Duffy Company, Respondent, v. Stapleton National Bank, Appellant, Impleaded with Others.

Duffy Co. v. Stapleton Wat. Bank, 17S App. Div. —, appeal dismissed.

(Submitted June 12, 1916;

decided June 16, 1916.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first

p. 732

judicial department, entered April 3, 1916, affirming a judgment of Special Term in an action to foreclose a mechanic’s lien.

The motion was made upon the ground that there are no exceptions in the case which survive the unanimous affirmance by the Appellate Division.

Jeremiah J. Coughlan for motion.

Frank M. Avery opposed.

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