Kelderhouse v. McGarry 217 N.Y. 692

Herbert Kelderhouse, Appellant, v. John V. McGarry et al., Respondents.

Kelderhouse v. McGarry, 171 App. Div. —, appeal dismissed.

(Submitted February 21, 1916;

decided March 14, 1916.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 13, 1915, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.

The motion was made upon the grounds that the action was one to set aside a transfer, assignment or written instrument as in fraud of the rights of creditors, and that permission to appeal had not been obtained.

Edward N. Mills for motion.

No one opposed.