Bleser v. Vulcan Insurance — 220 N.Y. 654

Majority

p. 654

Edna Bleser, Respondent, v. Vulcan Insurance Company, Appellant.

Headnote

Bleser v. Vulcan Ins. Co., 174 App. Div. 743 , appeal dismissed.

(Argued February 26, 1917;

decided March 6, 1917.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1916, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover upon a .policy of fire insurance.

The motion was made upon the grounds that no questions of law were involved; that the affirmance by the

p. 655

Appellate Division was unanimous; that the exceptions were frivolous; that the appeal was taken solely for the purpose of delay and that the required undertaking had not been served.

John Alexander for motion.

Jonah J. Goldstein opposed.

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