General

Salvatore Peggo, Respondent, v. Thomas Dinan, Appellant

172 N.Y. 605·New York Court of Appeals·1902·NY

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Opinion

Salvatore Peggo, Respondent, v. Thomas Dinan, Appellant. Peggo v. Dinan, 72 App. Div. 434, appeal dismissed. (Argued October 6, 1902; decided October 14, 1902.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 29,1902, ivhich reversed an order of Special Term denying a motion by- plaintiff to amend a judgment previously entered against him and granted said motion. The motion was made upon the ground that the order of the Appellate Division herein was not appealable to the Court of Appeals as a matter of right. Jonathan Deyo and John M. Gardner for motion. Abram J. Rose and Alfred C. Petti opposed. [MAJORITY] Motion granted and appeal dismissed, with costs and ten dollars costs of motion.