Graeber v. Swartwout — 226 N.Y. 690

Majority

p. 690

William M. Graeber, Appellant, v. Frank G. Swartwout et al., Respondents.

Headnote

Graeber v. Swartwout, 173 App. Div. 969 , appeal dismissed.

(Submitted May 19, 1919;

decided May 27, 1919.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1916, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.

The motion was made upon the grounds of unreasonable delay in prosecuting the appeal and that the exceptions were frivolous.

F. Robert Swartwout for motion.

George H. D. Foster opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless within ten days appellant serves three printed copies of case on appeal, in which case motion is denied, without costs.