D'Angelo v. 1482 Broadway Corp. — 224 N.Y. 600

Majority

p. 600

Frank D’Angelo et al., Respondents, v. 1482 Broadway Corporation, Appellant.

Headnote

Reported below, 184 App. Div. 881 .

(Argued September 30, 1918;

decided October 8, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1918, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a certain lease.

The motion was made upon the grounds that the decision of the Appellate Division was unanimous; that the defendant was not aggrieved by the modification; that permission to appeal had not been obtained, and that the appeal was frivolous and taken solely for purpose of delay.

p. 601

Gustav Lange, Jr., for motion.

Charles A. Winter opposed.

Motion denied, with ten dollars costs and necessary printing disbursements.