Majority
p. 507Charles Warner et al., Appellants, v. The New York, Ontario and Western Railway Company, Respondent. (Submitted September 29, 1924; decided October 7, 1924.)
Headnote
Appeal — unanimous reversal of order setting aside verdict and granting new trial — appeal therefrom, dismissed.Warner v. N. Y., Ontario & Western Ry. Co., 209 App. Div. 211 , appeal dismissed.
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1924, upon an order which unanimously reversed an order of" the court at a Trial Term setting aside a verdict and granting a new trial and reinstated said verdict.
p. 508
The motion was made upon the ground that permission to appeal had not been obtained.
Charles J. Yorkey for motion.
Charles R. Coville opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.