Hoff v. Supreme Lodge Knights of Pythias — 222 N.Y. 603

Majority

p. 603

Angie Hoff, Respondent, v. The Supreme Lodge, Knights of Pythias, et al., Defendants, and Mary Hoff, Appellant.

Headnote

Hoff v. Hoff, 175 App. Div. 40 , appeal dismissed.

(Submitted December 17, 1917;

decided December 21, 1917.)

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

p. 604

judicial department, entered November 16,1916, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover the amount of a certificate of life insurance.

The motion was made upon the grounds that the affirmance by the Appellate Division was unanimous; that permission to appeal had not been obtained; that no questions of law were involved and that the appeal was taken for purpose of delay only.

John Alexander for motion.

Borden D. Smith for respondent.

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