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William R. Montgomery, Respondent, v. The Brush Electric Illuminating Company of New York, Appellant, 1900 — 163 N.Y. 590 · caselaw · US
General
William R. Montgomery, Respondent, v. The Brush Electric Illuminating Company of New York, Appellant
163 N.Y. 590·New York Court of Appeals·1900·NY
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Opinion
William R. Montgomery, Respondent, v. The Brush Electric Illuminating Company of New York, Appellant.
Reported below, 48 App. Div. 12.
(Argued June 4, 1900;
decided June 12, 1900.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee.
The motion was made upon the ground that the action is one to recover compensation for services, and, under the provisions of section 191 of the Code of Civil Procedure, it is not appealable to this court.
William G. Wilson for motion.
Noel Gale opposed.
[MAJORITY]
Motion denied, with ten dollars costs.