Marks v. Abenheimer — 224 N.Y. 575

Majority

p. 575

Marcus M. Marks, Respondent, v. Louis H. Abenheimer, Appellant, Impleaded with Another.

Headnote

Marks v. Abenheimer, 173 App. Div. 887 , appeal dismissed.

(Submitted June 10, 1918;

decided June 14, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial. department, entered March 8, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage.

The • motion was made upon the ground that the Appellate Division had unanimously decided that the

p. 576

findings of fact were supported by the evidence; that no questions of law were raised by the exceptions that could be reviewed by this court; that the exceptions were frivolous and the appeal taken solely for purpose of delay, and that permission to appeal had not been .obtained.'

Sol Kohn for motion.

Achilles H. Kohn opposed.

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