General

Washington Belt et al., Appellants, v. The American Central Insurance Company, Respondent

160 N.Y. 675·New York Court of Appeals·1899·NY

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Opinion

Washington Belt et al., Appellants, v. The American Central Insurance Company, Respondent. (Submitted October 3, 1899; decided October 10, 1899.) Reported below, 29 App. Div. 546. Motion to prefer an appeal from a judgment of the Appellate ■ Division of the Supreme Court in the first judicial department, entered June 21, 1898, affirming a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The motion was made upon the ground that this was a second appeal and should be advanced to a position oil the calendar as of the date of May 3, 1894, the date of filing the original return, under section 195 of the Code of Civil Procedure. Cardozo & Nathan for motion. [MAJORITY] No one opposed. Motion granted, without costs.