Nassau National Bank v. Paul — 248 N.Y. 506

Majority

p. 506

Nassau National Bank of Brooklyn, Respondent, v. John A. Paul et al., Appellants.

Headnote

Appeal — modification by Appellate Division by striking out additional allowance of costs — appeal without permission to Court of Appeals — motion to dismiss appeal denied.

Reported below, 223 App. Div. 733 .

(Submitted March 26, 1928;

decided April 3, 1928.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23,1928, modifying and affirming as modified a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury, by striking therefrom an extra allowance of costs.

The motion was made upon the ground that no appeal

p. 507

could be taken as of right and permission to appeal had not been granted.

Lloyd B. Kanter for motion.

Samuel R. Wachtell opposed.

Motion denied, with ten dollars costs.