Dickey v. Gortner — 147 N.Y.S. 1107

Majority

p. 1107

DICKEY, Appellant, v. GORTNER, Respondent.

(Supreme Court, Appellate Division, Second Department.

May 25, 1914.)

Headnote

Action by Paul Dickey against Christopher A. Gortner.

Motion for leave to appeal to the Court of Appeals denied. We decided a similar application adversely to the appellant on November 7, 1913. The appellant, appealing from a final judgment in equity, does not require leave. He could appeal as a matter of right, if he took his appeal seasonably. If he did not, we cannot extend his time to appeal indirectly by granting leave. See, also, 147 N. Y. Supp. 1107.

CARR, 3., takes no part.