Rubel Bros. v. Dumont Coal & Ice Co. — 233 N.Y. 618

Majority

p. 618

Rubel Bros., Inc., Respondent, v. Dumont Coal and Ice Company, Appellant.

Headnote

Appeal — motion to dismiss denied.

Reported below, 200 App. Div. 135 .

(Submitted May 1, 1922;

decided May 3, 1922.)

Motion to dismiss an appeal from a judgment entered March 25, 1922, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and directing judgment in favor of plaintiff.

p. 619

The motion was made upon the ground that the defendant, appellant, has no present interest in the action.

Samuel A. Telsey for motion.

Albert A. Hovell opposed.

Motion denied, without costs.