Trowbridge v. Oehmsen — 240 N.Y. 678

Majority

p. 678

Catherine V. Trowbridge, Appellant, v. Katie Oehmsen, Respondent.

(Submitted June 1, 1925;

decided June 9, 1925.)

Headnote

Appeal — motion to dismiss denied upon payment of costs.

Reported below, 207 App. Div. 740 .

Motion to dismiss an appeal from a judgment, entered May 8, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon

p. 679

a decision of the 'court at a Trial Term without a jury and directing judgment in favor of defendant.

The motion was made upon the ground of failure to file the required undertaking and serve copies of the case and briefs.

William Baruch for motion.

Benjamin I. Taylor opposed.

Motion granted unless plaintiff within ten days pays ten dollars costs ’of motion in which case the motion is denied.