General

Achille J. Oishei, Respondent, v. Pennsylvania Railroad Company, Appellant, Impleaded with Another

188 N.Y. 641·New York Court of Appeals·1907·NY

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Opinion

Achille J. Oishei, Respondent, v. Pennsylvania Railroad Company, Appellant, Impleaded with Another. (Argued May 20, 1907; decided May 28, 1907.) Reported below, 117 App. Div. 110. Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The motion was made upon the ground that the appeal was unauthorized as coming within the exceptions set forth in subdivision 2 of section 191 of the Code of Civil Procedure. Aohille J. Oishei for motion. Norman B. Beeoher opposed. [MAJORITY] Motion denied, with ten dollars costs.