General

James A. Deering, Appellant, v. John Schreyer et al., Respondents

189 N.Y. 538·New York Court of Appeals·1907·NY

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Opinion

James A. Deering, Appellant, v. John Schreyer et al., Respondents. Reported below, 120 App. Div. 872. (Argued September 30, 1907; decided October 8, 1907.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 31, 1907, modifying and affirming as modified a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The motion was made upon the grounds that the action was one to recover for services; that the decision of the Appellate Division was unanimous and that permission to appeal had not been obtained. Alexander Thain for motion. John O. Toole opposed. [MAJORITY] Motion denied, without costs.