Herrman v. Leland 213 N.Y. 644

James S. Herrman, Respondent, v. Francis L. Leland, Appellant.

(Argued November 9, 1914;

decided November 17, 1914.)

Reported below, 163 App. Div. 515.

Motion to dismiss an appeal from a judgment entered July 30, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing judgment for plaintiff in an action to recover for alleged services.

The motion was made upon the ground that no question of law was involved; that the Appellate Division had unanimously decided that there was evidence tending to support the verdict and the exceptions were frivolous.

Richard T. Greene for motion.

L. Laflin Kellogg opposed.