Majority
p. 709Richard P. Babeuf, Respondent, v. Eagle Savings and Loan Company, Appellant. (Submitted February 4, 1918; decided February 12, 1918.)
Headnote
Baheuf v. Eagle Savings & Loan Co., 180 App. Div. 909 , appeal dismissed.Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second
p. 710
judicial department, entered November 7, 1917, unanimously affirming a judgment in favor of plaintiff" entered upon a decision of the court on trial at Special Term in an action to cancel a mortgage for fraud.
The motion .was made upon the ground that the affirmance by the Appellate Division was unanimous and permission to appeal had not been obtained.
George W. Reiff for motion.
No one opposed.
Motion granted and appeal dismissed,- with costs and ten dollars costs of motion.