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General
Manhattan Fire Insurance Company et al., Appellants, v. Joseph Fox et al., Respondents
176 N.Y. 553·New York Court of Appeals·1903·NY
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Opinion
Manhattan Fire Insurance Company et al., Appellants, v. Joseph Fox et al., Respondents.
Manhattan Fire Ins. Co. v. Fox, 74 App. Div. 371, appeal dismissed.
(Argued October 5, 1903;
decided October 13, 1903.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1902, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term.
The motion was made upon the ground that the undertaking required to perfect the appeal had not been tiled.
William II. Slain for motion.
George M. Fannin opposed.
[MAJORITY]
Motion granted and appeal dismissed, with costs, unless within ten days after service of copy of order the appellants perfect an appeal by filing a proper undertaking and pay ten dollars costs.