General

Ezekiel Fixman, Respondent, v. Harry L. Toplitz, Appellant

181 N.Y. 545·New York Court of Appeals·1905·NY

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Opinion

Ezekiel Fixman, Respondent, v. Harry L. Toplitz, Appellant. Fixman v. Toplitz, 103 App. Div. 614, appeal dismissed. (Argued April 10, 1905; decided April 18, 1905.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The motion was made upon the grounds that there were no questions of law involved in the appeal and that the judgment was not appealable to the Court of Appeals. Clarence M. Lewis for motion. Richard L. Siveezy opposed. [MAJORITY] Motion granted and appeal dismissed, with costs of appeal and ten dollars costs of motion.