Rogers v. New York City Interborough Railway Co.

Majority

p. 558

Maria Rogers, as Administratrix of the Estate of Michael Rogers, Deceased, Respondent, v. New York City Interborough Railway Company, Appellant.

Appeal — motion to dismiss appeal as frivolous granted.

Rogers v. N. Y. City Interborough Ry. Co., 204 App. Div. 864 , appeal dismissed

(Submitted February 27, 1923;

decided March 6, 1923.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first

p. 559

judicial department, entered January 16, 1923, modifying 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.

Thomas J. O’ Neill for motion.

Alfred T. Davison opposed.

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