Symonds v. Hurlbut — 239 N.Y. 624

Majority

p. 624

Florence B. Symonds, Respondent, v. William J. Hurlbut, Appellant.

Headnote

Appeal — failure to serve brief.

Symonds v. Hurlbut, 208 App. Div. 147 , appeal dismissed.

(Submitted January 19, 1925;

decided January 27, 1925.)

Motion to dismiss an appeal from a judgment, entered February 21,1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff.

The motion was made upon the ground that appellant had failed to serve his brief. .

I sham Henderson for motion.

Harry Saks Hechheimer opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion unless within ten days appellant files and serves brief and pays ten dollars costs of this motion to respondent, in which case motion is denied,