International Milk Co. v. Cohen — 245 N.Y. 564

Majority

p. 564

International Milk Co., Inc., Respondent, v. Isaac Cohen et al., Copartners under the Firm Name of I. Cohen & Sons, Appellants.

(Submitted May 2, 1927;

decided May 10, 1927.)

Headnote

Appeal ■ — • order of Appellate Division affirming order granting summary judgment — appeal to Court of Appeals without permission dismissed.

International Milk Co., Inc., v. Cohen, 219 App. Div. 308 , appeal dismissed.

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 28, 1927, which affirmed an order of Kings County Court granting plaintiff’s motion for summary judgment.

The motion was made upon the ground that permission

p. 565

to appeal had not been obtained and of failure to file the return and printed papers on appeal.

John D. Beals, Jr., for motion.

Louis Horoioits opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion..