Resigno v. F. Jarka Co. — 246 N.Y. 537

Majority

p. 537

Joseph Resigno, as Administrator of the Estate of Anthony Resigno, Deceased, Appellant, v. F. Jarka Co., Inc., Respondent, Impleaded with Another.

Headnote

Appeal — motion to dismiss denied — motion for leave to file undertaking granted.

Reported below, 221 App. Div. 214 .

(Argued October 3, 1927;

decided October 11, 1927.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 9, 1927, affirming a judgment in favor of defendant entered upon an order

p. 538

of Special Term granting a motion for dismissal of the complaint.

The motion was made upon the ground that the required undertaking had not been filed.

Charles B. McLaughlin for motion.

Edward Gluck opposed.

Motion denied, without costs; motion for leave to file undertaking granted, without costs.