Schenectady Holding Co. v. Ashton — 243 N.Y. 540

Majority

p. 540

Schenectady Holding Company, Inc., Respondent, v. Edward B. Ashton, Appellant, Impleaded with Another.

(Submitted May 24, 1926;

decided June 1, 1926.)

Headnote

Appeal —■ motion to dismiss denied.

(Reported below, 215 App. Div. 857 .)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1926^ modifying

p. 541

and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury.

The motion was made upon the grounds that the Appellate Division unanimously decided that the findings of fact are sustained by the evidence and that the exceptions are frivolous.

Walter A. Fullerton for motion.

Thomas B. Kattell opposed.

Motion denied, with ten dollars costs.