Seneca Distributing Co. v. Fulton — 220 N.Y. 687

Majority

p. 687

Seneca Distributing Company, Respondent, v. Kathleen Fulton, Appellant, Impleaded with Others.

Headnote

Reported, below, 175 App. Div. 902 .

(Submitted March 12, 1917;

decided March 20, 1917.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 29, 1916, reversing a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and granting a new trial in an action to foreclose a mortgage.

The motion was made upon the ground that the reversal was upon a question of fact.

p. 688

Benjamin A. Haetstein for motion.

Peter P. Smith opposed.

Motion denied, with ten dollars costs.