Wakefield v. Gaynor 203 N.Y. 545

Wilson F. Wakefield, Respondent, v. Philip B. Gaynor et al., Defendants, and Edward V. Brophy et al., Appellants.

Reported below, 144 App. Div. 905.

(Argued October 2, 1911;

decided October 10, 1911.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 8, 1911, affirming- a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in a taxpayer’s action to restrain the officials of the village of Portchester from paying certain moneys.

The motion was made upon the grounds that the *546parties appealing were not parties to the action nor interested in the. subject-matter thereof.

Frederick W. Sherman for motion.

Clinton T. Taylor opposed.