First National Bank v. Hauss — 243 N.Y. 552

Majority

p. 552

First National Bank of Newark, Respondent, v. Jerome W. Hauss, Jr., et al., Appellants.

(Submitted June 3, 1926;

decided June 8, 1926.)

Appeal — motion for permission to withdraw appeal granted.

First Nat. Bank v. Hauss, 214 App. Div. 689 , appeal withdrawn.

Motion for leave to withdraw appeal from an order of the Appellate Division of the Supreme Court in the

p. 553

fourth judicial department, entered December 24, 1925, reversing a judgment in favor of defendants entered upon a verdict and granting a new trial.

The motion was made on the ground that the appeal had been inadvertently taken.

Frederick Wiedman for motion.

Merle L. Sheffer opposed.

Motion granted on payment of costs.