Maltese v. Overseas Shipping Co. — 244 N.Y. 506

Majority

p. 506

Maria Maltese, as Administratrix of the Estate of Nicholas Maltese, Deceased, Appellant, v. Overseas Shipping Company, Inc., Respondent.

Headnote

Appeal —failure to file undertaking — motion to dismiss denied on service of copy of undertaking within ten days and payment of costs.

Reported below, 217 App. Div. 754 .

(Submitted November 15, 1926;

decided November 23, 1926.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 28, 1926, affirming a judgment in favor of defendant entered upon a verdict directed by the court. Also motion to require acceptance of service of copy of undertaking with notice of filing.

The motion to dismiss was made upon the ground that no undertaking had been filed.

Ralph Stout for appellant.

Norman G. Hewitt for respondent.

Motion to require respondent to accept copy of undertaking granted on payment of ten dollars costs and service within ten days. In case undertaking is served and costs paid, motion to dismiss appeal denied, with ten dollars costs; otherwise, granted, and appeal dismissed, with costs and ten dollars costs of motion.