Majority
p. 509Wilfred J. Curry, Respondent, v. James M. Mackenzie, Appellant. (Submitted September 29, 1924; decided October 7, 1924.)
Headnote
Appeal — motion to dismiss denied.Reported below, 208 App. Div. 849 .
Motion to dismiss an appeal from a judgment entered April 5, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term granting a motion for summary judgment and granted said motion.
p. 510
The motion was made upon the ground of failure to file the required undertaking.
William B. Hall for motion.
James E. Woods opposed.
Motion denied on payment of ten dollars' costs by appellant within ten days, otherwise granted and appeal dismissed, with costs and ten dollars costs of motion.