Schenectady Holding Co. v. Ashton — 244 N.Y. 508

Majority

p. 508

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

Headnote

Appeal — cross-appeals — motion to dismiss plaintiffs appeal unless it pay half of cost of printing record granted.

Reported below, 215 App. Div. 857 .

(Submitted November 15, 1926;

decided November 23, 1926.)

Motion by defendant to dismiss a cross-appeal by the plaintiff from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 27, 1926, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Also motion by plaintiff to compel defendant to insert plaintiff’s notice of appeal in its printed return.

The motion to dismiss was made upon the ground that plaintiff had failed to file and serve its return on appeal.

Thomas B. Kattett for motion.

Walter A. Fullerton opposed.

Motion to dismiss granted unless within ten days plaintiff pay defendant’s attorneys one-half of the expense of printing record on appeal and pay ten dollars costs of motion, in which event motion for insertion of plaintiff’s notice of appeal in such record is granted.