Behrmann v. Seybel 223 N.Y. 555

William F. Behrmann, as Substituted Trustee, Appellant, v. Frederick W. Seybel et al., as Executors of Daniel E. Seybel, Deceased, et al., Respondents.

Reported below, 178 App. Div. 862.

(Argued February 25, 1918;

decided March 5, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first-judicial department, entered August 7, 1917, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term in an action to follow trust funds converted by the trustee and impress a lien thereon.

The motion was made upon the grounds that the affirmance by. the Appellate Division was unanimous and permission to appeal had not been obtained.

Eliot Tuckerman for motion.

W. A. Keating opposed.