Herbst v. Bellack 231 N.Y. 599

Philip Herbst, Respondent, v. Samuel Bellack, Appellant.

Appeal — motion to dismiss as frivolous granted.

Herbst v. Bellack, 195 App. Div. 928, appeal dismissed.

(Argued May 31, 1921;

decided June 7, 1921.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1921, modifying *600and affirming as modified a judgment in favor of plaintiff entered upon a verdict.

The motion was made upon the ground that the appeal was frivolous and without merit.

Henry Bogert Clark for motion.

Edward P. Mowton opposed.