Norbeth Pfeffer, Respondent and Appellant, v. Philip Kling et al., Appellants and Respondents

Norbeth Pfeffer, Respondent and Appellant, v. Philip Kling et al., Appellants and Respondents. (Submitted May 13, 1901; decided May 17, 1901.) Reported below, 58 App. Div. 179. Motion by defendants to dismiss plaintiff’s appeal from certain portions of a judgment of the Appellate Division of the Supreme Court iii the first judicial department, entered February 23, 1901, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. The motion was made upon the grounds that the judgment was not appealable to the Court of Appeals; that the appeal was not taken within the time limited by statute, and that the plaintiff has omitted to furnish the required undertaking. Abram Kling for motion. Clarence L. Barber opposed. [MAJORITY] Motion denied, without costs. Motion by plaintiff to consolidate the two returns in the above-entitled action by adding defendants’ notice of appeal to the return filed by plaintiff granted, without costs.