Baccari v. Lyman — 240 N.Y. 600

Majority

p. 600

Donato Baccari, Appellant, v. Louise C. Lyman, Respondent.

(Argued March 30, 1925;

decided March 31, 1925.)

Headnote

Appeal — motion to dismiss appeal denied.

Reported below, 210 App. Div. 846 .

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October -24, 1924, which reversed an order of the court at a Trial Term setting aside a verdict in favor of defendant and granting a new trial and directed judgment upon the verdict.

The motion was made upon the ground that the Court of Appeals had no jurisdiction to entertain the appeal.

p. 601

Clarence S. Zipp for motion.

William A. Schacht opposed.

Motion denied, without costs. Motion to amend notice of appeal and record granted, without costs.