New Paltz, Highland & Poughkeepsie Traction Co. v. County of Ulster

Majority

p. 590

New Paltz, Highland and Poughkeepsie Traction Company, Appellant, v. The County of Ulster, Defendant, and The Town of Lloyd, Respondent.

Headnote

Appeal — motion to dismiss appeal for failure to prosecute denied.

Reported below, 202 App. Div. 234 .

(Submitted June 5, 1923;

decided June 12, 1923.)

Motion to dismiss an appeal from a judgment, entered July 24, 1922, upon an order of the Appellate Division

p. 591

of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff and against defendant, respondent, and directing a dismissal of the complaint as to said defendant, respondent.

The motion was made upon the ground of failure to prosecute the appeal.

John W. Eckert for motion.

Benjamin E. Messier opposed.

Motion denied, with ten dollars costs.