Majority
p. 1118JESSUP et al., Appellants, v. WITHER-BEE REAL ESTATE & IMPROVEMENT CO., Respondent. (Supreme Court, Appellate Division, Second Department. June 29, 1910.)
Headnote
Action by Josephine P. Jessup and others against the Witherbee Real Estate & Improvement Company. For opinion below, see 63 Misc. Rep. 649 , 117 N. Y. Supp. 276 .Motion to dismiss appeal granted, with costs, without prejudice to the right of the appellants to move for restoration of the case on proof of merit in the appeal, and of fuller explanation of the cause of the delay prior to the sickness of counsel.