Hudson Navigation Co. v. Union Trust Co. — 225 N.Y. 636

Majority

p. 636

Hudson Navigation Company, Appellant, v. The Union Trust Company of Albany, New York, et al., Respondents.

Headnote

Hudson Navigation Co. v. Union Trust Co., 183 App. Div. 192 , appeal dismissed.

(Submitted December 2, 1918;

decided December 10, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 12, 1918, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury.

p. 637

The motion was made upon the grounds that an appeal did not he as of right to the Court of Appeals and that permission to appeal had not been obtained.

Arthur L. Andrews and Thomas S. Fagan for motion.

Stuart G. Gibboney and Joseph Diehl Fackenthal opposed.

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