Simons v. Berry — 240 N.Y. 641

Majority

p. 641

David Simons, Appellant, v. George L. Berry, as President of the International Printing Pressmen’s and Assistants’ Union of North America, Respondent.

(Submitted May 4, 1925;

decided May 12, 1925.)

Headnote

Appeal — motion to dismiss denied, and motion for permission to perfect - ' appeal by filing undertaking granted.

Reported below, 211 App. Div. 704 .

Motion to dismiss an .appeal from a judgment entered February 9, 1925, 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 a dismissal of the complaint and granted said motion.

Also motion for leave to perfect appeal by filing undertaking nunc pro tunc.

Leo J. Rosett for motion.

A. Spencer Feld opposed.

Motion to dismiss appeal denied and motion for leave to perfect appeal by filing undertaking nunc pro tunc granted on condition that appellant within ten days files bond and pays respondent ten dollars costs of motions. Otherwise motion to dismiss appeal granted and appeal dismissed, with costs and ten dollars costs of motion.