Majority
p. 538Selmor Estates Corporation Respondent, v. Land Map Realty Corporation et al., Appellants. (Submitted March 1, 1926; decided March 4, 1926.)
Headnote
Appeal — failure to file undertaking and prosecute appeal.Selmor Estates Corp. v. Land Map Realty Corp., 208 App. Div. 846 , appeal dismissed.
Motion to dismiss an appeal from an order of the-Appellate Division of the Supreme Court in the first
p. 539
judicia ■ department, entered April 25, 1924, which dismissed an appeal by the defendants from a judgment entered against them by default.
The motion was made upon the grounds that no undertaking on appeal has ever been served and on the further grounds that appellants have never taken any steps to prosecute the said appeal.
Bernard H. King for motion.
No one opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion.