Teeter v. Daniel — 148 N.Y.S. 1146

Majority

p. 1146

TEETER v. DANIEL.

(No. 5794.)

(Supreme Court, Appellate Division, First Department.

July 10, 1914.)

Headnote

Appeal from' Special Term, New York County. Action by Sydney M. Teeter against Anna K. Daniel. From an order denying a motion to dismiss the judgment and all proceedings thereon, and to order the case off the calendar, or to order it set down and tried at a date known to defendant, defendant appeals. Affirmed. See, also, 148 N. Y. Supp. 670 ; 148 N. Y. Supp. 1146.

Anna K. Daniel, of New York City, pro se. Isaac A. Hiller, of New York City, for respondent,

This action having been reguiariy brought on for trial at Special Term, and a judgment having been rendered in favor of the plaintiff, it is quite evident that none of tins facts upon which the application to the Special Term, for the hearing of motions was based would justify that court m vacating, the judgment or setting aside the proceedings, TIlls order> therefore, must be affirmed, without costs-