Edith Y. Price, Respondent, v. The City of New York, Appellant

Edith Y. Price, Respondent, v. The City of New York, Appellant. (Argued May 29, 1905; decided June 6, 1905.) Price v. City of New York, 104 App. Div. 198, appeal dismissed. Motion to dismiss an appeal from a judgment of the Appellate Division of the, Supreme Court in the second judicial department, entered April 25, 1905, affirming a judgment in favor of plaintiff entered upon the report of a referee. The motion was made upon the grounds that the Appellate Division had unanimously affirmed the judgment as to the facts and no question of law was presented that could be reviewed by the Court of Appeals. George W. McKenzie for motion. John J. Delany, Corporation Counsel (Edward H. Wilson of counsel), opposed. [MAJORITY] Motion granted and appeal' dismissed, with costs of appeal and ten dollars costs of motion.