Herbst v. Bellack — 231 N.Y. 599

Majority

p. 599

Philip Herbst, Respondent, v. Samuel Bellack, Appellant.

Headnote

Appeal — motion to dismiss as frivolous granted.

Herbst v. Bellack, 195 App. Div. 928 , appeal dismissed.

(Argued May 31, 1921;

decided June 7, 1921.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1921, modifying

p. 600

and affirming as modified a judgment in favor of plaintiff entered upon a verdict.

The motion was made upon the ground that the appeal was frivolous and without merit.

Henry Bogert Clark for motion.

Edward P. Mowton opposed.

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