McNeil Lumber Co. v. Chase — 219 N.Y. 622

Majority

p. 622

McNeil Lumber Company, Incorporated, Respondent, v. James W. Chase et al., Appellants. (Actions 1 & 2.)

Headnote

McNeil Lumber Co. v. Chase, 174 App. Div. 903 , 927, appeal dismissed.

(Submitted November 20, 1916;

decided November 28, 1916.)

Motion to dismiss appeals from two judgments of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1916, affirming judgments in favor, of plaintiff entered upon decisions of the court on trial at Special Term in actions to foreclose two mortgages.

The motion was made upon the grounds .that the Appellate Division had unanimously decided that the facts were sufficient to sustain the judgments; that the

p. 623

exceptions were frivolous and presented no question for review.

1 liornas C. Burke for motion.

Clark H. Timerman opposed.

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