Naftal v. Ullman 238 N.Y. 548

Michael Naftal, Appellant, v. Cecilie Ullman et al., Respondents.

Appeal — motion to dismiss appeal denied.

Reported below, 208 App. Div. 739.

(Argued March 31, 1924;

decided April 8, 1924.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1924, modifying and affirming as modified a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.

The motion was made upon the grounds that the Court of Appeals had no jurisdiction to entertain the appeal and that the exceptions were frivolous.

Norman M. Behr for motion.

Francis L. Driscoll opposed.