Yoos v. Third Avenue Railway Co. — 232 N.Y. 628

Majority

p. 628

Henry Yoos, Jr., an Infant, by Henry Yoos, His Guardian ad Litem, Respondent, v. Third Avenue Railway Company, Appellant.

Headnote

Appeal —■ motion to dismiss as frivolous denied.

Reported below, 197 App. Div. 936 .

(Submitted January 30, 1922;

decided February 3, 1922.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict.

The motion was made upon the ground tha,t the appeal was frivolous.

p. 629

Milton Speiser for motion.

Alfred T. Davison opposed.

Motion denied, with ten dollars costs.