Hong Kong & Shanghai Banking Corp. v. Lazard-Godchaux Co. of America, Inc.

Majority

p. 604

Hong Kong and Shanghai Banking Corporation, Respondent, v. The Lazard-Godchaux Company of America, Inc., Appellant.

Headnote

Appeal — motion to dismiss denied.

Reported below, 207 App. Div. 174 .

(Argued February 18, 1924;

decided February 26, 1924.)

Motion to dismiss an appeal from a judgment entered December 8, 1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion for summary judgment and granted said motion.

The motion was made upon the grounds that the

p. 605

appeal was frivolous and taken solely for delay; that appeal did not lie to the Court of Appeals as matter of right and that permission to appeal had not been obtained.

Nathan Ottinger for motion.

Robert L. Luce opposed.

Motion denied, with ten dollars costs.