General

Marie Dudley, Appellant, v. Elizabeth B. Vanderpoel, Defendant, and Carroll Whitaker, Respondent

190 N.Y. 520·New York Court of Appeals·1907·NY

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Opinion

Marie Dudley, Appellant, v. Elizabeth B. Vanderpoel, Defendant, and Carroll Whitaker, Respondent. Reported below, 119 App. Div. 928. (Argued November 18, 1907; decided November 26, 1907.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial . department, • entered May 29, 1907, which affirmed an order of Special Term imposing terms as a condition to the granting of a motion for substitution of attorneys. Also motion on the part of appellant for leave to file a new and amended undertaking. The motion to dismiss was made upon the grounds that the appeal was not taken in time, and that a proper undertaking had not been filed. ■ Gcm'oll Whitaker for motion to dismiss. Hollín Traey opposed. [MAJORITY] Motion to dismiss appeal denied, without costs, and motion for leave to file a new and amended undertaking granted upon payment of ten dollars within ten days.