Majority
p. 591George Tracy, Appellant, v. Eastern Loading Corporation, Respondent. (Submitted June 5, 1923; decided June 12, 1923.)
Headnote
Appeal —failure to file undertaking — motion to dismiss appeal granted.Tracy v. Eastern Loading Corporation, 202 App. Div. 811 , appeal dismissed.
Motion to dismiss an appeal from a judgment, entered August 29, 1922, upon an order of the Appellate Division of the Supreme Court in the second judicial department,
p. 592
reversing a judgment in favor of plaintiff and directing a dismissal of the complaint.
The motion was made upon the ground of failure to file the required undertaking.
Henry H. Brown for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.