Rosenstein v. Schneiderman — 243 N.Y. 601

Majority

p. 601

William Rosenstein, Appellant, v. Samuel Schneiderman, Respondent.

(Submitted October 4, 1926;

decided October 12, 1926.)

Appeal —failure to file undertaking.

Reported below, 216 App. Div. 849 .

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second

p. 602

judicial department, entered May 21,1926, which affirmed an order of the Kings County Court granting defendant’s motion to dismiss the complaint.

• The motion was made upon the ground of failure to file the required undertaking.

Walter M. Effross for motion.

Emanuel Rosenstein opposed.

Motion denied on payment of ten dollars costs by appellant; otherwise, granted and appeal dismissed, with costs and ten dollars costs of motion.