Cramer v. Perine — 236 N.Y. 667

Majority

p. 667

Clara M. Cramer, Respondent, v. Melanchthon W. Perine et al., Appellants.

Headnote

Appeal — failure to prosecute.

Cramer v. Perine, 197 App. Div. 218 , appeal dismissed.

(Submitted October 15, 1923;

decided October 23, 1923.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1921, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial.

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

p. 668

George H. Wade for motion.

J. Neil Mahoney opposed.

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