General
Richard S. Peale et al., Appellants, v. Charles R. Benjamin, Defendant, and George C. Bartlett, Respondent
171 N.Y. 631·New York Court of Appeals·1902·NY
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Opinion
Richard S. Peale et al., Appellants, v. Charles R. Benjamin, Defendant, and George C. Bartlett, Respondent.
Peale v. Benjamin, 68 App. Div. 126, appeal dismissed.
(Submitted April 7, 1902;
decided April 15, 1902.)
Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 31,1902, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial.
The motion was made upon the grounds that the appeal is frivolous, without merit and taken only for delay.
John E. Judge for motion.
James C. Lenney opposed.
[MAJORITY]
Motion granted and appeal dismissed, with costs.