General

Mary Brechtlein, Respondent, v. The Greenwood Cemetery, Appellant

186 N.Y. 530·New York Court of Appeals·1906·NY

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Opinion

Mary Brechtlein, Respondent, v. The Greenwood Cemetery, Appellant. Reported below, 113 App. Div. 911. (Argued October 1, 1906; decided October 9, 1906.) Motion to dismiss an appeal f^om a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 18, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The motion was made upon the grounds of lack of prosecution and lack of jurisdiction in the Court of Appeals to entertain the appeal. Francis J. Eeurzi for motion. George A. Miller opposed. [MAJORITY] Motion denied on the ground that the motion cannot be made until the action is continued in the name of the personal representatives of the plaintiff.