General
George W. Gallinger, Respondent, v. Oscar Hammerstein, Appellant
156 N.Y. 697·New York Court of Appeals·1898·NY
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Opinion
George W. Gallinger, Respondent, v. Oscar Hammerstein, Appellant.
Reported below, 22 App. Div. 629.
(Submitted June 20, 1898;
decided June 24, 1898.)
Motion to compel the filing of a new undertaking on appeal from a judgment of the Appellate Division of the Supreme Oourt in the first judicial department, entered November 24, 1897, affirming a judgment in favor"of plaintiff entered upon the report of a referee.
The motion was made upon the ground of the insufficiency .of the sureties on the undertaking filed.
George W. Gallinger for motion.
Wise & Lichtenstein opposed.
[MAJORITY]
Motion granted requiring the appellant to file new undertaking within twenty days after service of this order, and in default thereof the appeal is dismissed, with costs.